BROWN v. UNITED STATES

Nos. 19890-19892.

375 F.2d 310 (1966)

Rhozier T. BROWN, Jr., Appellant, v. UNITED STATES of America, Appellee. John D. IRBY, Appellant, v. UNITED STATES of America, Appellee. Robert L. JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 30, 1966.

Petition for Rehearing Denied February 13, 1967.

Certiorari Denied June 12, 1967.


Attorney(s) appearing for the Case

Mr. M. Michael Cramer, Washington, D. C., with whom Mr. H. Thomas Sisk, Jr., Washington, D. C., (both appointed by this court) was on the brief for appellant in No. 19890.

Mrs. Dovey J. Roundtree, Washington, D. C., (appointed by this court) for appellant in No. 19891.

Mrs. Jean F. Dwyer, Washington, D. C., (appointed by this court) for appellant in No. 19892.

Mr. Theodore Wieseman, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, and FAHY and BURGER, Circuit Judges.


Petition for Rehearing En Banc Denied February 13, 1967.

Certiorari Denied June 12, 1967. See 87 S.Ct. 2133, 2134.

FAHY, Circuit Judge:

At a joint trial1 the three appellants were convicted of first degree murder in violation of those provisions of D.C.Code § 22-2401 which defined that crime to include the killing of another in perpetrating or attempting to perpetrate an offense punishable by imprisonment in the penitentiary...

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