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CUNNINGHAM v. UNITED STATES

No. 17182.

311 F.2d 772 (1962)

Robert CUNNINGHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 21, 1962.

Attorney(s) appearing for the Case

Mr. Martin F. O'Donoghue, Jr., Washington, D. C., for appellant. Mr. Martin F. O'Donoghue, Sr., Washington, D. C. (appointed by this court) was on the brief for appellant.

Mr. William C. Weitzel, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Donald S. Smith, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and WILBUR K. MILLER and WRIGHT, Circuit Judges.

PER CURIAM.

Appellant and his co-defendant, Flurry, were convicted of housebreaking, 22 D.C.Code § 1801, primarily on the testimony of two policemen. Appellant, taking the stand in his own behalf, admitted being in the vicinity of the store concerned in the charge at 3:00 o'clock in the morning, but denied that either he or his companion, Flurry, had entered it.

While Flurry was on the witness stand, the following colloquy occurred in the presence of...

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