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DeLOACH v. UNITED STATES

No. 16844.

307 F.2d 653 (1962)

Robert Lee DeLOACH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 7, 1962.

Attorney(s) appearing for the Case

Mr. John Alexander, Washington, D. C. (appointed by this court) for appellant.

Mr. William C. Weitzel, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, BURGER and WRIGHT, Circuit Judges.

BURGER, Circuit Judge.

Appellant and three co-defendants, Collins, Queen and Simms, were indicted for robbery. Queen and Simms, both juveniles, entered pleas of guilty. Collins and DeLoach were tried together. Collins was acquitted.

Early in the morning hours of January 22, 1961, the four co-defendants drove in appellant's car to a small restaurant. Appellant, Simms and Queen entered, Collins remained in the car. The restaurant had no other customers. Appellant...

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