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HUTCHERSON v. UNITED STATES

No. 18747.

351 F.2d 748 (1965)

Maceo HUTCHERSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 11, 1965.

Concurring Opinion June 16, 1965.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C., for appellant.

Mr. Jerome Nelson, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Charles T. Duncan, Principal Asst. U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, and FAHY and WASHINGTON, Circuit Judges.

FAHY, Circuit Judge:

Appellant was indicted for soliciting and accepting a bribe at a time when he was an officer of the Metropolitan Police Department. The count charging solicitation rests upon 18 U.S.C. § 201 (Supp. V, 1959-63), the count charging acceptance upon 22 D.C.Code § 704. Appellant was sentenced to one to three years imprisonment, but the court committed him for only six months, suspended execution of the remainder of the sentence and placed...

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