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JONES v. UNITED STATES

Nos. 17688, 17690, 17689, 17691, 17692.

342 F.2d 863 (1964)

David R. JONES, Appellant, v. UNITED STATES of America, Appellee. Willie L. SHORT, Jr., Appellant, v. UNITED STATES of America, Appellee. Arthur L. JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

On Rehearing Decided July 16, 1964.

Attorney(s) appearing for the Case

Mr. Jerome J. Dick, Washington, D. C. (appointed by this court) for appellants in Nos. 17688, 17690 and 17692.

Mr. Gerry Levenberg, Washington, D. C., with whom Mr. Harris Weinstein, Washington, D. C. (both appointed by this court) was on the brief, for appellant in Nos. 17689 and 17691.

Mr. John A. Terry, Asst. U. S. Atty., for appellee. Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker, Joel D. Blackwell, Gerald A. Messerman, Asst. U. S. Attys., and Robert A. Levetown, Asst. U. S. Atty., at the time the brief was filed, were on the brief for appellee. Messrs. Barry I. Fredericks, B. Michael Rauh and William C. Weitzel, Jr., Asst. U. S. Attys., also entered appearances for appellee. Mr. Judah Best, Asst. U. S. Atty., at the time the brief was filed, also entered an appearance for appellee.

Before BAZELON, Chief judge, EDGERTON and PRETTYMAN, Senior Circuit Judges, and WILBUR K. MILLER, FAHY, WASHINGTON, DANAHER, BASTIAN, BURGER, WRIGHT, and McGOWAN, Circuit Judges.

On Rehearing in banc Decided July 16, 1964.

EDGERTON, Senior Circuit Judge:

Judges Bazelon, Fahy, Washington, Wright, and McGowan concur in parts I, II, and VI of this opinion. These parts are the opinion of the court. Judges Bazelon, Fahy, and Wright join in parts III, IV, and V, which are not the opinion of the court.

Willie Lee Short and David Jones appeal from convictions of assault with intent to rob. D.C.CODE § 22-501. Short, David Jones...

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