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WYNN v. UNITED STATES

No. 20723.

397 F.2d 621 (1967)

Walter WYNN, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 16, 1967.

Attorney(s) appearing for the Case

Mr. Jerome B. Libin, Washington, D. C. (appointed by this court) for appellant.

Mr. Robert S. Brady, Sp. Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and William L. Davis, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and TAMM and ROBINSON, Circuit Judges.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Following the discovery on Thanksgiving morning, November 25, 1965, that a checkwriter and a calculator had been burglarized from a plumbing shop, John W. Robinson, a neighbor, reported to police that somewhat earlier on that morning he had seen appellant, carrying a tabulator1 on his shoulder, exit from the establishment by the back door.2 Appellant

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