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UNITED STATES v. OGILVIE

Nos. 14397, 14595, 14597.

337 F.2d 427 (1964)

UNITED STATES of America ex rel. William WITHERSPOON, Petitioner-Appellant, v. Richard OGILVIE, etc., et al., Respondents-Appellees. UNITED STATES of America ex rel. William WITHERSPOON, Petitioner-Appellee, v. Richard B. OGILVIE, etc., et al., Respondents-Appellants. UNITED STATES of America ex rel. William WITHERSPOON, Relator-Cross-Appellant, v. Richard OGILVIE, etc., et al., Respondents-Cross-Appellees.

United States Court of Appeals Seventh Circuit.

September 28, 1964.

Attorney(s) appearing for the Case

Julius Lucius Echeles, Melvin B. Lewis, Chicago, Ill., for Witherspoon.

Charles R. Markels, Chicago, Ill., Marshall Patner, Chicago, Ill., Joel Sprayregen, Bernard Weisberg, Chicago, Ill., of counsel, amici curiae.

Daniel P. Ward, State's Atty., Elmer Kissane, Asst. State's Atty., Chicago, Ill., William Nellis, Asst. State's Atty., Chicago, Ill., for Ogilvie.

Before SCHNACKENBERG, CASTLE and SWYGERT, Circuit Judges.

CASTLE, Circuit Judge.

William Witherspoon was convicted following a jury trial in the Criminal Court of Cook County, Illinois, on an indictment charging him with murder. At his trial Witherspoon testified to the effect that his shooting of the police officer he killed was accidental. A statement Witherspoon made to police officers and an assistant state's attorney a few hours after the incident but which he refused to sign after it was transcribed was admitted in...

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