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SMITH v. UNITED STATES

Nos. 19148, 19149.

353 F.2d 838 (1965)

Edward L. SMITH, Appellant, v. UNITED STATES of America, Appellee. Wayman R. CUNNINGHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 4, 1965.

Petition for Rehearing Denied December 21, 1965.

Attorney(s) appearing for the Case

Mr. Charles W. Halleck, Washington, D. C., with whom Mr. Howard F. Roycroft, Washington, D. C. (both appointed by this court), was on the brief, for appellant in No. 19,148.

Mr. J. Roger Wollenberg, Washington, D. C., with whom Mr. Arthur Z. Gardiner, Jr., Washington, D. C. (both appointed by this court), was on the brief, for appellant in No. 19,149.

Mr. Allan M. Palmer, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty. at the time the brief was filed, and Frank Q. Nebeker and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee.

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

Petition for Rehearing in No. 19148 Denied December 21, 1965.

J. SKELLY WRIGHT, Circuit Judge:

These appeals are from convictions of first degree murder (felony-murder), robbery, assault with a dangerous weapon, and carrying a dangerous weapon — all arising out of the same incident.

Near one o'clock on the morning of January 24, 1964, appellants Smith and Cunningham, armed with pistols, entered Natoli's Delicatessen in the District of Columbia...

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