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CAMPBELL v. UNITED STATES

No. 17185.

316 F.2d 681 (1963)

Willis CAMPBELL, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 21, 1963.

Attorney(s) appearing for the Case

Mr. Thomas Schattenfield, Washington, D. C., with whom Mr. Harry M. Plotkin, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. Max Frescoln, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Tim Murphy, Asst. U. S. Attys., were on the brief, for appellee.

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

WRIGHT, Circuit Judge.

Appellant and a co-defendant, one Simms, indicted for robbery, were convicted, after prolonged jury disagreement and the administration of the "dynamite charge,"1 of the rather improbable lesser included offense, considering the facts of this case, of grand larceny. As to appellant Campbell, the evidence was entirely circumstantial. No witness, including the victim who had known him for twenty years, testified that...

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