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BAILEY v. UNITED STATES

Nos. 20623-20625, 20729.

389 F.2d 305 (1967)

Barry J. BAILEY, Appellant, v. UNITED STATES of America, Appellee. Maurice FRYE, Appellant, v. UNITED STATES of America, Appellee. Gary R. OLIVER, Appellant, v. UNITED STATES of America, Appellee. Leonard T. RUSSELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 14, 1967.

Petition for Rehearing Denied February 21, 1968.

Attorney(s) appearing for the Case

Mr. Robert M. Price, Washington, D. C. (appointed by this court), for appellant in No. 20,623.

Mr. Bruce D. Beaudin, Washington, D. C., for appellant in No. 20,624.

Mr. Joseph Paull, Washington, D. C. (appointed by this court), for appellant in No. 20,625.

Mr. Alfred T. Spada, Washington, D. C. (appointed by this court), for appellant in No. 20,729.

Mr. Joel M. Finkelstein, Special Attorney, Office of the U. S. Atty., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and John A. Terry, Asst. U. S. Attys., were on the brief, for appellee. Mr. James A. Strazzella, Asst. U. S. Atty. at the time the record was filed, also entered an appearance for appellee in No. 20,623. Mr. Lee A. Freeman, Asst. U. S. Atty., entered an appearance for appellee in No. 20,624 and Mr. Carl S. Rauh, Asst. U. S. Atty., entered an appearance for appellee in No. 20,729.

Before WRIGHT, TAMM and LEVENTHAL, Circuit Judges.

Petition for Rehearing En Banc in Nos. 20,624 and 20,729 Denied February 21, 1968.

J. SKELLY WRIGHT, Circuit Judge.

At about 5:00 P.M. on January 25, 1966, on Erie Street, S.E., three men assaulted and robbed James Warwick of a wallet, approximately $200 in cash, and two checks payable to Warwick's employer, W. A. Dawson. Immediately after the attack on Warwick, a motorist, Donald R. Leigh, saw three Negro males running from the scene of the robbery. Though...

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