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CROSS v. UNITED STATES

No. 19270.

353 F.2d 454 (1965)

Harold S. CROSS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 2, 1965.

Attorney(s) appearing for the Case

Mr. Michael H. Gottesman, Washington, D. C. (appointed by this court) for appellant.

Mr. Jerome Feit, Attorney, Department of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, for appellee. Mr. David C. Acheson, U. S. Atty. at the time the brief was filed, Mr. Frank Q. Nebeker, Asst. U. S. Atty., and Messrs. Barry Sidman and Edwin C. Brown, Jr., Asst. U. S. Attys. at the time the brief was filed, were on the brief for appellee. Mr. John C. Conliff, Jr., U. S. Atty., also entered an appearance for appellee.

Before FAHY, McGOWAN, and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

Appellant was convicted of robbery on March 8, 1965, after retrial of charges against him. An earlier conviction on the same charges had been reversed by this court because of a prejudicial joinder of counts. Cross v. United States, 118 U.S.App.D.C. 324, 335 F.2d 987 (1964).

At the second trial, there was no dispute as to the occurrence of a robbery of the Church of the Incarnation on February 23...

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