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TUCKER v. UNITED STATES

No. 17049.

318 F.2d 221 (1963)

David TUCKER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 7, 1963.

Petition for Rehearing Denied June 25, 1963.

Attorney(s) appearing for the Case

Mr. James J. Laughlin, Washington, D. C., for appellant.

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

Before WILBUR K. MILLER, FAHY and WASHINGTON, Circuit Judges.

Petition for Rehearing En Banc Denied En Banc June 25, 1963.

FAHY, Circuit Judge.

Appellant was indicted and convicted of first degree murder, defined in 22 D.C. Code § 2401. The jury's verdict of guilty was accompanied with a recommendation for life imprisonment. Appellant accordingly was so sentenced. 22 D.C.Code § 2404, as amended, 76 Stat. 46 (1962). On the same indictment and at the same trial he was also convicted of assault with intent to...

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