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JONES v. UNITED STATES

No. 19541.

361 F.2d 537 (1966)

Robert S. JONES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 28, 1966.

Petition for Rehearing Denied June 6, 1966.

Attorney(s) appearing for the Case

Mr. Howard Monderer, Washington, D. C. (appointed by this court), for appellant.

Mr. Charles L. Owen, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. John C. Conliff, Jr., U. S. Atty. at the time the brief was filed, also entered an appearance for appellee.

Before BURGER, McGOWAN and TAMM, Circuit Judges.

Petition for Rehearing En Banc Denied June 6, 1966.

TAMM, Circuit Judge:

Appellant was found guilty by jury trial of a charge of robbery of a Texaco service station in the District of Columbia. He appeals this conviction, charging that the evidence of his identity as one of the robbers was, as a matter of law, insufficient to support a verdict of guilty. In addition, appellant contends that the trial judge improperly commented on the evidence in the course...

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