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HARRIED v. UNITED STATES

No. 20372.

389 F.2d 281 (1967)

Ernest W. HARRIED, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 30, 1967.

Attorney(s) appearing for the Case

Mr. Sidney Dickstein, Washington, D. C. (appointed by this court), for appellant.

Mr. Scott R. Schoenfeld, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Allan M. Palmer, Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and BURGER and WRIGHT, Circuit Judges.

BURGER, Circuit Judge:

Appellant was convicted of murder in the first degree and sentenced to life imprisonment upon the recommendation of the jury. Appellant filed a pro se motion in this Court for mandamus or habeas corpus which was treated as a timely motion for an appeal in forma pauperis and granted by the District Court.

The record reveals that at about 12:30 p. m. on June 10, 1965, the body of a six-year-old boy was discovered in a blue denim...

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