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JOHNSON v. UNITED STATES

No. 16591.

301 F.2d 547 (1962)

Clarence C. JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 8, 1962.

Petition for Rehearing Denied May 15, 1962.

Attorney(s) appearing for the Case

Mr. Martin Jay Gaynes, Washington, D. C. (appointed by this court) for appellant.

Mr. Arnold T. Aikens, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Joel D. Blackwell, Asst. U. S. Attys., were on the brief for appellee.

Before FAHY, WASHINGTON and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc May 15, 1962.

PER CURIAM.

When this case was here before1 we affirmed the convictions of housebreaking and larceny without prejudice to the right of appellant to file a motion for a new trial in the District Court on the ground of newly discovered evidence.2 The newly discovered evidence allegedly consisted of the testimony of the complaining witness, which...

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