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BYRD v. UNITED STATES

No. 16745.

312 F.2d 357 (1962)

Frank BYRD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1962.

Petition for Rehearing Denied February 7, 1963.

Attorney(s) appearing for the Case

Mr. Julian H. Singman, Washington, D. C. (appointed by this court), for appellant.

Mr. Barry I. Fredericks, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. Daniel A. Rezneck, Asst. U. S. Atty., and Mr. Nathan J. Paulson, Asst. U. S. Atty. at the time the record was filed, also entered appearances for appellee.

Before WILBUR K. MILLER, WASHINGTON and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc February 7, 1963.

PER CURIAM.

Appellant, indicted for murder in the second degree, was convicted of manslaughter. He alleges error on the part of the court below in denying his motion for a continuance of his trial, in failing to direct a judgment of acquittal, and in failing properly to charge the jury with respect to his relationship with the premises in which the crime...

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