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WOODY v. UNITED STATES

No. 20298.

379 F.2d 130 (1967)

George R. WOODY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 11, 1967.

Petition for Rehearing Denied July 5, 1967.

Attorney(s) appearing for the Case

Mr. Justin R. Wolf, Washington, D. C. (appointed by this court), for appellant.

Mr. Henry F. Field, Sp. Atty., Office of U. S. Atty., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee. Mr. James A. Strazzella, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and BURGER, Circuit Judge.

Petition for Rehearing En Banc Denied July 5, 1967.

BURGER, Circuit Judge:

This is a very simple case which might appropriately be affirmed by a summary order except that the factual setting assumes some importance in light of the dissent.

The evidence showed that the complaining witness had been robbed in his office at gun point by Appellant. After the robbery the victim jumped out a window 12 feet to the ground and, crying "holdup", pursued the assailant...

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