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TANSIMORE v. UNITED STATES

No. 17245.

317 F.2d 899 (1963)

Thaddeus E. TANSIMORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 20, 1962.

Petition for Rehearing Denied February 26, 1963.

Certiorari Denied June 17, 1963.

Attorney(s) appearing for the Case

Mr. Eugene I. Lambert, Washington, D. C. (appointed by this court), for appellant.

Mr. William C. Weitzel, Jr., Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., and Messrs. Frank Q. Nebeker and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Circuit Judge, PRETTYMAN, Senior Circuit Judge, and WASHINGTON, Circuit Judge.

Petition for Rehearing En Banc Denied February 26, 1963.

Certiorari Denied June 17, 1963. See 83 S.Ct. 1892.

PER CURIAM.

Appellant was indicted for rape and convicted of assault with intent to commit rape. Relying upon the first Green case1 he says the trial judge erred in giving an instruction on the lesser offense. But Green is inapplicable for two reasons: (1) There was no request...

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