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CARSEY v. UNITED STATES

No. 20357.

392 F.2d 810 (1967)

Earl A. CARSEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 28, 1967.

Attorney(s) appearing for the Case

Mr. Billy Dwight Perry, Washington, D. C., with whom Mr. Charles F. Wheatley, Jr., Washington, D. C., (both appointed by this court) was on the brief, for appellant.

Mr. Thomas Lumbard, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee. Mr. Theodore Wieseman, Asst. U. S. Atty., also entered an appearance for appellee.

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

EDGERTON, Senior Circuit Judge:

Appellant was tried four times for the murder of his wife. At the fourth trial he was convicted of second degree murder. This appeal is from that conviction.

At the first two trials the juries disagreed. At the third trial appellant's counsel, in his closing argument, told the jury that "the two previous trials have ended in mistrials." The prosecutor immediately objected and the judge said, "I will take care of it at the time...

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