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JENKINS v. UNITED STATES

No. 18032.

330 F.2d 220 (1964)

Melvin C. JENKINS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 13, 1964.

Petition for Rehearing Denied April 3, 1964.

Attorney(s) appearing for the Case

Mr. Robert R. Tiernan, Washington, D. C., with whom Mr. Jerome H. Heckman, Washington, D. C., (both appointed by this court), was on the brief, for appellant.

Mr. David Epstein, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and John H. Treanor, Asst. U. S. Attys., were on the brief, for appellee. Mr. B. Michael Rauh, Asst. U. S. Atty., also entered an appearance for appellee.

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

Petition for Rehearing en Banc Denied April 3, 1964.

PER CURIAM.

Evidence for the Government showed that Jenkins entered a store and, at gun point, forced an employee to give him the contents of the cash drawer. Testifying in his own behalf, Jenkins denied the robbery, said he could not remember where he was on the day in question, but admitted having been in the store on several occasions. Cross-examination disclosed a criminal record which, of course, went...

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