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MUSCHETTE v. UNITED STATES

No. 17410.

322 F.2d 989 (1963)

Robert A. MUSCHETTE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 25, 1963.

Petition for Rehearing Denied September 25, 1963.

Attorney(s) appearing for the Case

Mr. Alfred L. Scanlon, Washington, D. C. (appointed by this court), for appellant.

Mr. William C. Pryor, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, Senior Circuit Judge, and WILBUR K. MILLER and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied September 25, 1963.

Chief Judge Bazelon and Circuit Judge Wright would grant the petition.

PER CURIAM.

Robert A. Muschette and another were indicted May 8, 1961, for housebreaking and petit larceny. In a trial which began June 19, 1961, the jury was unable to reach a verdict, but a second trial in the following December resulted in conviction. Muschette was sentenced to imprisonment for a term of from two to six...

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