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LOMAX v. UNITED STATES

No. 18377.

343 F.2d 240 (1964)

Melvin LOMAX, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 25, 1964.

Attorney(s) appearing for the Case

Mr. Paul A. Porter, Washington, D. C. with whom Mr. Thomas G. Fisher, 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 Barry Sidman, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and FAHY, Circuit Judge.

PER CURIAM.

Lomax appeals from a conviction of robbery. The victim and one eyewitness testified that Lomax was present but played no active role in the robbery. Shortly afterward Lomax was in possession of what the victim said was the stolen money.

Another eyewitness, Campbell, in giving his testimony, pointed to people in the courtroom without naming them. He may have said Lomax struck the victim but the record is not clear that he did. In closing argument...

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