STITH v. UNITED STATES

No. 19520.

361 F.2d 535 (1966)

Ernest L. STITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 22, 1966.

Petition for Rehearing Denied July 6, 1966.


Attorney(s) appearing for the Case

Mr. Herbert M. Schulkind, Washington, D. C. (appointed by this court) for appellant.

Mr. Charles A. Mays, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and David Epstein, Asst. U. S. Attys., were on the brief, for appellee. Mr. James A. Strazzella, Asst. U. S. Atty., also entered an appearance for appellee.

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


Petition for Rehearing En Banc Denied July 6, 1966.

McGOWAN, Circuit Judge:

Appellant, with two others, was indicted in two counts for housebreaking and grand larceny. Just prior to trial, both co-defendants withdrew their pleas of not guilty. One of them, Johnson, thereafter pleaded guilty to petit larceny under the second count of the indictment, and testified for the Government against appellant at the latter's trial. This appeal from appellant's conviction...

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