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THREATT v. UNITED STATES

No. 16822.

304 F.2d 630 (1962)

John THREATT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 17, 1962.

Petition for Rehearing Denied July 12, 1962.

Attorney(s) appearing for the Case

Mr. Henry R. Goldstein, Washington, D. C., with whom Mr. Robert L. Heald, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Arthur J. McLaughlin, Asst. U. S. Atty., were on the brief, for appellee.

Before EDGERTON, WASHINGTON and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Appellant was convicted in a jury trial on a charge of robbery by force and violence. The evidence showed that the victim, Julius Loh, was seized in a downtown alley, taken at gun point to the restaurant where he was employed, and there required to open the safe after being threatened with death by his assailant. After the safe was opened the assailant stole $3900 in cash from it. He also stole a nominal amount of money from the person of the...

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