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ARMSTEAD v. UNITED STATES

No. 18042.

347 F.2d 806 (1965)

Richard N. ARMSTEAD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 28, 1965.

Attorney(s) appearing for the Case

Mr. Frank U. Fletcher, Washington, D. C., with whom Mr. John L. Tierney (both appointed by this court), Washington, D. C., was on the brief, for appellant.

Mr. Henry R. Goldstein (appointed by this court), Washington, D. C., also entered an appearance for appellant.

Mr. John A. Terry, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Robert X. Perry, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, and FAHY and BURGER, Circuit Judges.

PER CURIAM.

The appellant moved to dismiss the appeal and this motion was denied. After hearing full argument and considering the briefs and record, we see no reason not to grant this motion, which is now consented to by the United States Attorney.

Although our action disposes of the appeal, one episode in the course of the trial requires comment. The United States Attorney upon addressing appellant in the course of cross-examination as "Mister Armstead" was...

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