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BATTLE v. UNITED STATES

Nos. 18752, 18756.

345 F.2d 438 (1965)

David BATTLE, Appellant, v. UNITED STATES of America, Appellee. Michael F. DAVIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 11, 1965.

Attorney(s) appearing for the Case

Mr. Edgar H. Martin, Washington, D. C. (appointed by this court), for appellant in No. 18752.

Mr. Hugh A. M. Shafer, Jr., Washington, D. C. (appointed by this court), for appellant in No. 18756.

Mr. Allan M. Palmer, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and William C. Weitzel, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, BASTIAN and WRIGHT, Circuit Judges.

PER CURIAM:

Appellants, indicted for robbery, 22 D.C.Code § 2901, and assault with a dangerous weapon, 22 D.C.Code § 502, were convicted of robbery and simple assault. They are under sentences of imprisonment for 4 to 12 years. Appellants filed a motion under Rule 41(e), Fed.R.Crim P. to suppress certain evidence. The motion was not heard prior to trial. When the case was called for trial counsel for appellant Battle asked the court to hold a hearing on...

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