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LILES v. UNITED STATES

Nos. 20807, 20808.

393 F.2d 669 (1967)

Haywood LILES, Appellant, v. UNITED STATES of America, Appellee. John D. JOHNSON, 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. Thomas D. Quinn, Jr., Washington, D. C. (appointed by this court) for appellants.

Mr. Joel M. Finkelstein, Sp. Attorney, Office of the United States Attorney, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Mr. David G. Bress, U. S. Atty., and Messrs. Frank Q. Nebeker and Robert K. Webster, Asst. U. S. Attys., were on the brief, for appellee.

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

PRETTYMAN, Senior Circuit Judge:

Appellants were convicted of robbery. Their appeals from the judgment were consolidated for hearing and decision.

Two on-duty police officers were touring in a scout car about 3:00 a. m. on Tenth and L Streets, Northwest, when they saw appellants running. Both appellants were wearing trench coats. They ran into an alley and shortly reappeared without the coats. The officers inquired as to why they were running and why they...

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