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NANCE v. UNITED STATES

No. 19471.

359 F.2d 273 (1966)

Joseph Edward NANCE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 8, 1966.

Attorney(s) appearing for the Case

Mr. Charles J. Steele, Washington, D. C., with whom Mr. John J. Carmody, Jr., Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Allan M. Palmer, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and Earl J. Silbert, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, and McGOWAN and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge.

Appellant's robbery conviction was affirmed by this court in Nance v. United States, 112 U.S.App.D.C. 38, 299 F.2d 122 (1962). The majority upheld the action of the trial court in admitting in evidence a question asked by appellant at the preliminary hearing. To the night auditor of the Roosevelt Hotel, who had identified appellant as the man who had robbed the hotel while masked with a handkerchief, appellant...

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