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COPES v. UNITED STATES

No. 18131.

345 F.2d 723 (1964)

Clarice A. COPES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 21, 1964.

On rehearing on Order entered November 2, 1964, adhering to opinion of May 21, 1964.

Attorney(s) appearing for the Case

Mr. Ralph F. Berlow (appointed by this court), Washington, D. C., for appellant.

Mr. Anthony A. Lapham, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Robert X. Perry, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, WASHINGTON and DANAHER, Circuit Judges.

On rehearing on sole issue of whether the Allen charge was properly given under the circumstances here presented. Order entered November 2, 1964, adhering to opinion of May 21, 1964.

WASHINGTON, Circuit Judge:

This appeal is from a conviction for attempted abortion. D.C.CODE § 22-201 (1961).

The principal question raised is an evidentiary one. The complaining witness Jo Ann Copeland charged the appellant-defendant with having attempted an abortion...

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