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MILLER v. UNITED STATES

No. 17061.

320 F.2d 767 (1963)

Lawrence C. MILLER, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 14, 1963.

Attorney(s) appearing for the Case

Mr. William P. Bernton, Washington, D.C. (appointed by this court), for appellant.

Mr. Tim Murphy, Asst. U.S. Atty., with whom Messrs. David C. Acheson, U.S. Atty., Frank Q. Nebeker and Arthur J. McLaughlin, Asst. U.S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and FAHY and BURGER, Circuit Judges.

PER CURIAM.

The judgment of the District Court is reversed. Chief Judge BAZELON files an opinion. Circuit Judge FAHY files a separate opinion concurring with Chief Judge BAZELON in reversal. Circuit Judge BURGER dissents.

BAZELON, Chief Judge.

Appellant was convicted of robbery, D.C.Code § 22-2901, and sentenced to imprisonment for two to six years. His conviction rested on the testimony of the complaining...

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