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SMITH v. UNITED STATES

Nos. 17838, 17839.

335 F.2d 270 (1964)

Roy A. SMITH, Jr., Appellant, v. UNITED STATES of America, Appellee. Cornelius ANDERSON, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 16, 1964.

Attorney(s) appearing for the Case

Mr. Alexander Boskoff, Washington, D. C. (appointed by this court) for appellants.

Mr. Alan Kay, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Harold Titus, Asst. U. S. Attys., were on the brief, for appellee. Mr. William H. Willcox, Asst. U. S. Atty., also entered an appearance for appellee in No. 17838.

Before BAZELON, Chief Judge, and WILBUR K. MILLER and WASHINGTON, Circuit Judges.

BAZELON, Chief Judge.

Appellants Smith and Anderson were jointly charged, tried, and convicted on all three counts of an indictment, and received concurrent sentences on all counts. Count one charged unauthorized use of an automobile belonging to James Dolinger on or about October 3, 1962; count two charged unauthorized use of an automobile belonging to Joanna Wallace on or about October 4, 1962; and count three charged interstate transportation of the Wallace car...

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