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POWELL v. UNITED STATES

No. 16925.

307 F.2d 396 (1962)

Luther L. POWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1962.

Attorney(s) appearing for the Case

Messrs. Milton V. Freeman and John T. Rigby, Washington, D. C. (both appointed by this court) for appellant.

Mr. Harold H. Titus, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee. Mr. Abbott A. Leban, Asst. U. S. Atty., also entered an appearance for appellee.

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

PER CURIAM.

Appellant was indicted for unauthorized use of a motor vehicle on or about March 19, 1961. At his trial a policeman testified that he saw appellant in the vehicle on that date. The opening statement of appellant's trial counsel asserted an alibi. The court allowed the prosecution to reopen its case and recall the policeman. He testified that he had been mistaken about the date and that the incident occurred on March 23, as he had testified before the grand...

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