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SIMMONS v. UNITED STATES

No. 16805.

308 F.2d 324 (1962)

William SIMMONS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1962.

Petition for Rehearing Denied October 15, 1962.

Attorney(s) appearing for the Case

Mr. Robert N. Kharasch, Washington, D. C. (appointed by this Court) with whom Mrs. Amy Scupi, Washington, D. C., was on the brief, for appellant.

Mr. Judah Best, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Harold H. Titus, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.

BAZELON, Circuit Judge.

Appellant was convicted and sentenced to three to nine years' imprisonment upon an indictment alleging that he stole $21.25 from the "immediate and actual possession of William H. Speed." In his opening argument to the jury, the United States Attorney offered to prove that appellant, a friend of Speed's, had knocked on Speed's window and thus induced him to admit two men who blindfolded and robbed him. Continuing, the United States Attorney...

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