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FULLER v. UNITED STATES

No. 19532.

407 F.2d 1199 (1967)

William H. FULLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 20, 1967.

On Rehearing September 26, 1968.

Certiorari Denied March 3, 1969.

Attorney(s) appearing for the Case

Messrs. Ezekiel G. Stoddard, and A. Alvis Layne, Washington, D. C. (both appointed by this Court), with whom Messrs. Walter T. Evans, and James Robertson, Washington, D. C., were on the brief, for appellant.

Mr. Richard L. Braun, Attorney, Department of Justice, with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and David Epstein, Asst. U. S. Attys., were on the brief, for appellee. Charles A. Mays and James A. Strazzella, Asst. U. S. Attys., also entered appearance for appellee.

Before FAHY, BURGER and LEVENTHAL, Circuit Judges.

On Rehearing En Banc September 26, 1968.

Certiorari Denied March 3, 1969. See 89 S.Ct. 999.

LEVENTHAL, Circuit Judge:

On a three-count indictment charging first degree felony-murder, first degree premeditated murder, and rape, appellant was found guilty as charged on counts one and three and convicted of manslaughter as a lesser included offense of the second count. A motion for a judgment of acquittal notwithstanding the verdict on the rape count...

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