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WHITE v. UNITED STATES

No. 18355.

349 F.2d 965 (1965)

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

United States Court of Appeals District of Columbia Circuit.

June 30, 1965.

Attorney(s) appearing for the Case

Mr. Lloyd N. Cutler, Washington, D. C., with whom Mr. John Roderick Heller, III (both appointed by this court), Washington, D. C., was on the brief, for appellant.

Mr. Martin R. Hoffmann, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

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

BAZELON, Chief Judge:

In this petition for rehearing, appellant urges that our opinion of September 17, 1964 shows that we have misread the record in affirming his conviction for first degree murder. That opinion assumed, without deciding, that appellant's statement to the police after arrest was inadmissible in the Government's case in chief. But we held that statement admissible on Government rebuttal to impeach appellant's self-defense claim for the reasons that...

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