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NANCE v. UNITED STATES

No. 16330.

299 F.2d 122 (1962)

Joseph NANCE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 25, 1962.

Attorney(s) appearing for the Case

Messrs. John A. Yacovelle, Jr. and Gerald A. Messerman, Washington, D. C., for appellant. Mr. George W. Shadoan, Washington, D. C. (appointed by the District Court), was on the brief for appellant.

Mr. John R. Schmertz, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Nathan J. Paulson and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee. Messrs. Charles T. Duncan, Principal Asst. U. S. Atty., and Abbott A. Leban, Arnold T. Aikens, Asst. U. S. Attys., and Mr. Carl W. Belcher, Asst. U. S. Atty. at the time the record was filed, also entered appearances for appellee.

Before WILBUR K. MILLER, Chief Judge, and FAHY and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

Appellant was convicted of the crime of robbery, and appeals.

The indictment in this case charged appellant with robbing the Roosevelt Hotel, in the District of Columbia. He claims as error (1) the admission of certain words used by him while conducting his own cross-examination of a witness at the preliminary hearing, and (2) the refusal of the trial court to direct a verdict of acquittal.

The Government's evidence, even without...

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