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HOLMES v. UNITED STATES

No. 19519.

370 F.2d 209 (1966)

Ernest H. HOLMES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 21, 1966.

Petition for Rehearing Denied October 13, 1966.

Attorney(s) appearing for the Case

Mr. Theodore Sky, Washington, D. C., with whom Mr. Gerald G. Schulsinger, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. Charles A. Mays, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker, Asst. U. S. Atty., and John Wall, Atty., Dept. of Justice, were on the brief, for appellee.

Before FAHY, DANAHER and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc Denied October 13, 1966.

J. SKELLY WRIGHT, Circuit Judge.

Appellant was convicted on both counts of an indictment charging housebreaking1 and grand larceny.2 The only error urged on appeal which gives us some concern is an allegation that appellant was effectively denied a preliminary hearing pursuant to Rule 5, FED.R.CRIM.P., and that he was prejudiced by this denial...

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