CROSBY v. UNITED STATES

No. 17143.

314 F.2d 238 (1962)

Robert H. CROSBY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1962.


Attorney(s) appearing for the Case

Mr. Raymond W. Bergan, Washington, D. C., with whom Mr. Thomas A. Wadden, Jr., Washington, D. C. (appointed by this court), was on the brief, for appellant.

Mr. Robert D. Devlin, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, FAHY and BASTIAN, Circuit Judges.


FAHY, Circuit Judge.

The appeal is from a judgment of conviction of assault with intent to commit robbery, in violation of 22 D.C.Code § 501, followed by a sentence to imprisonment for a period of three to ten years. Before the trial a motion was filed by appellant's appointed counsel for suppression of evidence claimed to have been obtained as the result of an illegal arrest, made without a warrant. At the hearing on this motion appellant and two other witnesses...

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