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COOPER v. UNITED STATES

Nos. 19340, 19347, 19348.

357 F.2d 274 (1966)

James COOPER, Appellant, v. UNITED STATES of America, Appellee. Percy TAYLOR, Appellant, v. UNITED STATES of America, Appellee. Frederick CHILDS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 31, 1966.

Petition for Rehearing Denied March 31, 1966.

Attorney(s) appearing for the Case

Mr. Mark B. Sandground, Washington, D. C. (appointed by this court), for appellant in No. 19340. Mr. Philip W. Amram, Washington, D. C. (appointed by this court), was on the brief.

Mr. Joel H. Levy, Washington, D. C. (appointed by this court), for appellant in No. 19347. Mr. Paul Dobin, Washington, D. C. (appointed by this court), was on the brief.

Mr. Alfred L. Scanlan, Washington, D. C. (appointed by this court), for appellant in No. 19348.

Miss Carol Garfiel, Asst. U. S. Atty., with whom Messrs. John C. Conliff, Jr., U. S. Atty. at the time of argument, Frank Q. Nebeker and David Epstein, Asst. U. S. Attys., were on the brief, for appellee. Mr. John A. Terry, Asst. U. S. Atty., also entered an appearance.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and BURGER, Circuit Judge.

Petition for Rehearing En Banc in No. 19,348 Denied March 31, 1966.

EDGERTON, Senior Circuit Judge:

The three appellants were tried together and convicted of robbery. There was ample evidence that about 8 o'clock in the evening of November 10, 1964, someone violently knocked down one Hill and robbed him while he was unconscious. Hill "couldn't say definitely" whether he was attacked by one, two, or three people, but thought he was attacked by "approximately...

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