FRANKLIN v. UNITED STATES

Nos. 17586, 17636, 17767.

330 F.2d 205 (1963)

William FRANKLIN, Appellant, v. UNITED STATES of America, Appellee. Norman G. PRICE, Appellant, v. UNITED STATES of America, Appellee. Joseph J. BROOKS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 12, 1963.

Amended March 12, 1964.

Petition for Rehearing Denied March 12, 1964.


Attorney(s) appearing for the Case

Mr. Robert M. Beckman, Washington, D. C. (appointed by this court), for appellant in No. 17,586.

Mr. Peter D. Ehrenhaft, Washington, D. C. (appointed by this court), for appellant in No. 17,636. Messrs. Oscar Cox and Joseph D. Whiteman, Washington, D. C. (both appointed by this court), were on the brief for appellant in No. 17,636.

Mr. Bernard W. Kemp, Washington, D. C. (appointed by the District Court), for appellant in No. 17,767.

Mr. Gerald A. Messerman, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WASHINGTON and WRIGHT, Circuit Judges.


Petition for Rehearing En Banc Denied March 12, 1964.

J. SKELLY WRIGHT, Circuit Judge.

Appellants were convicted on one count of an indictment charging rape.1 They ask reversal of their convictions on the grounds that they were improperly charged together in one count, that there was insufficient proof that they aided and abetted each other in the commission of a joint offense, and that the court failed to charge the jury on the...

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