NAPLES v. UNITED STATES

No. 18186.

344 F.2d 508 (1964)

John A. NAPLES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 9, 1964.


Attorney(s) appearing for the Case

Mr. Alexander B. Hawes (appointed by this court), Washington, D. C., with whom Miss Elise B. Heinz, Washington, D. C., was on the brief, for appellant.

Mr. Anthony A. Lapham, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Mr. Frederick G. Smithson, Asst. U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, and BASTIAN and WRIGHT, Circuit Judges.


BAZELON, Chief Judge.

In Naples v. United States, 113 U.S. App.D.C. 281, 307 F.2d 618 (1962) (en banc), we reversed appellant's conviction of murder in the first degree, murder in the second degree, housebreaking and petty larceny. Upon retrial he was convicted of murder in the first degree, murder in the second degree, and housebreaking,1 and the jury unanimously recommended life imprisonment....

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