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GATLIN v. UNITED STATES

Nos. 17728-17729.

326 F.2d 666 (1963)

Paul W. GATLIN, Appellant, v. UNITED STATES of America, Appellee. Dennis O. MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 19, 1963.

Attorney(s) appearing for the Case

Mr. Francis H. Caskin, Washington, D. C., with whom Mr. Gene P. Bond, Washington, D. C. (both appointed by this court) was on the brief, for appellants.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Harold J. Sullivan, Asst. U. S. Atty., and Miss Julia P. Cooper, Attorney, Department of Justice, were on the brief, for appellee.

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

J. SKELLY WRIGHT, Circuit Judge.

Appellants were named in an indictment charging two counts of robbery.1 Gatlin was convicted of the first count2 and acquitted of the second,3 whereas Miller was acquitted of the first and convicted of the second. Thus all of the evidence concerning two robberies was before the jury which convicted each defendant of one robbery. We need not comment...

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