FRADY v. UNITED STATES

Nos. 18357, 18358.

348 F.2d 84 (1965)

Joseph C. FRADY, Appellant, v. UNITED STATES of America, Appellee. Richard A. GORDON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 7, 1965.

Certiorari Denied November 8, 1965.


Attorney(s) appearing for the Case

Mr. Henry Lincoln Johnson, Jr., Washington, D. C., for appellants.

Mr. David C. Acheson, U. S. Atty., with whom Messrs. Frank Q. Nebeker, William H. Collins, Jr., and Anthony A. Lapham, Asst. U. S. Attys., were on the brief, for appellee. Mr. Jerome Nelson, Asst. U. S. Atty., and Mr. Daniel H. Benson, Attorney, Department of Justice, also entered appearances for appellee.

Mr. Anthony G. Amsterdam, Washington, D. C., appointed by this court, argued as amicus curiæ.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and FAHY, WASHINGTON, and DANAHER, Circuit Judges, and BASTIAN, Senior Circuit Judge, and BURGER, WRIGHT, and McGOWAN, Circuit Judges, sitting


Certiorari Denied November 8, 1965. See 86 S.Ct. 247.

PER CURIAM.

The judgments of conviction of first degree murder and of robbery are affirmed. The death sentences are set aside with directions that each appellant be resentenced to life imprisonment on the verdicts of guilty of first degree murder. Circuit Judge Wright dissents from the affirmance of the convictions of first degree murder. Senior Circuit Judge Wilbur K. Miller, Circuit Judge Danaher, Senior...

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