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TURBERVILLE v. UNITED STATES

Nos. 16343, 16344, 16392.

303 F.2d 411 (1962)

Eugene E. TURBERVILLE, Appellant, v. UNITED STATES of America, Appellee. Bernard T. WILLIAMS, Appellant, v. UNITED STATES of America, Appellee. James H. SIMPSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 1, 1962.

Petition for Rehearing Denied March 19, 1962.

Certiorari Denied June 25, 1962.

Attorney(s) appearing for the Case

Mr. Albert Noble McCartney, Washington, D. C. (appointed by this court), for appellant in No. 16343.

Mr. Joseph D. Bulman, Washington, D. C. (appointed by this court), for appellant in No. 16344.

Mr. John E. Powell, Washington, D. C. (appointed by this court), for appellant in No. 16392.

Mr. Donald S. Smith, Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., Mr. Charles T. Duncan, Principal Asst. U. S. Atty., and Mr. Thomas A. Flannery, Asst. U. S. Atty., were on the brief, for appellee. Mr. Abbott A. Leban, Asst. U. S. Atty., also entered an appearance for appellee in No. 16344.

Before PRETTYMAN, WASHINGTON and BURGER, Circuit Judges.

Petition for Rehearing En Banc in 16343 Denied En Banc March 19, 1962.

Certiorari Denied June 25, 1962. See 82 S.Ct. 1596.

PRETTYMAN, Circuit Judge.

On the evening of December 5, 1959, two men and a woman were sitting beside a fire in front of an unoccupied shack on a vacant lot in the Southwest section of Washington. Three men came upon the lot and launched a vicious assault upon them. As a result of the savage attacks, one of the men already on the...

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