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SCURRY v. UNITED STATES

No. 18633.

347 F.2d 468 (1965)

James O. SCURRY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 15, 1965.

Petition for Rehearing for Rehearing Denied May 29, 1965.

Attorney(s) appearing for the Case

Mr. I. Irwin Bolotin (appointed by this court), Washington, D. C., for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., was on the brief, for appellee. Mr. Gerald E. Gilbert, Asst. U. S. Atty., also entered an appearance for appellee.

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

Petition for Rehearing for Rehearing Before the Division Denied May 29, 1965.

Petition for Rehearing En Banc or for Rehearing Before the Division Denied May 29, 1965.

J. SKELLY WRIGHT, Circuit Judge.

Appellant was convicted of assault with a dangerous weapon. 22 D.C.CODE § 502 (1961). On appeal he alleges trial court error in defining reasonable doubt, in charging the jury that "a serious felony has been committed" when the defense tendered was...

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