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BORUM v. UNITED STATES

No. 20270.

409 F.2d 433 (1967)

Ernest S. BORUM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 21, 1967.

Petitions for Rehearing and before the Division Denied February 14, 1969.

Certiorari Denied May 19, 1969.

Attorney(s) appearing for the Case

Mr. Howard C. Westwood, Washington, D. C. (appointed by this court), for appellant.

Mr. Henry K. Osterman, Special Attorney to the United States Attorney, 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 Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and TAMM and ROBINSON, Circuit Judges.

Petitions for Rehearing En Banc and before the Division Denied February 14, 1969.

Certiorari Denied May 19, 1969. See 89 S.Ct. 1765.

SPOTTSWOOD ROBINSON, III, Circuit Judge:

On the morning of June 14, 1965, a male intruder entered a residence and stunned an 80-year old occupant by inflicting a number of blows with a pistol. Somewhat later, a laundryman making a call was confronted by the intruder who at gunpoint took $285 from him, and left him bound...

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