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MARSHALL v. UNITED STATES

No. 18047.

337 F.2d 119 (1964)

Charles C. MARSHALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 30, 1964.

Attorney(s) appearing for the Case

Mr. Kingdon Gould, Jr., Washington, D. C. (appointed by this court), for appellant.

Mr. Stuart R. Pollak, Attorney, Department of Justice, of the bar of the Supreme Court of California, pro hac vice by special leave of court, with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker, and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee. Mr. Robert D. Devlin, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, Senior Circuit Judge, WASHINGTON and DANAHER, Circuit Judges.

EDGERTON, Senior Circuit Judge:

As the government says, this case has a long history. Marshall was sentenced July 26, 1963, for a rape charged to have been committed on September 23, 1959. He was arrested October 28, 1959, and indicted November 16, 1959. His third trial, which began July 8, 1963, resulted in the conviction that is here on appeal. The following outline covers the period of some three years and eight months between the indictment and this trial.

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