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HOLMES v. UNITED STATES

No. 20042.

383 F.2d 925 (1967)

Gary H. HOLMES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 18, 1967.

Supplemental Opinion May 11, 1967.

Attorney(s) appearing for the Case

Mr. Gerald G. Schulsinger, Washington, D. C., with whom Mr. Robert N. Duggan, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. Edward T. Miller, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and David N. Ellenhorn, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and BURGER and LEVENTHAL, Circuit Judges.

BAZELON, Chief Judge:

Arrested in the early morning hours of September 14, 1965, appellant was charged with grand larceny and destruction of private property. Following a preliminary hearing, appellant was held for action of the grand jury. Although pre-trial bail was set, appellant remained in custody because he could not afford the premium on a bail bond. An indictment was returned and appellant stood trial on January 3, 1966. The jury acquitted him on the larceny...

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