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EVANS v. UNITED STATES

Nos. 20480, 20481.

397 F.2d 675 (1968)

Maurice EVANS, Appellant, v. UNITED STATES of America, Appellee. John B. PHILSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 8, 1968.

Petition for Rehearing Denied July 3, 1968.

Petition for Rehearing Denied July 17, 1968.

Attorney(s) appearing for the Case

Frederick M. Rowe, Washington, D. C. (appointed by this court) for appellant in No. 20,480.

Gerhard P. Van Arkel, Washington, D. C. (appointed by this court) for appellant in No. 20,481. George Kaufmann, Washington, D. C., also entered an appearance for appellant in No. 20,481.

Geoffrey M. Alprin, Asst. U. S. Atty., with whom David G. Bress, U. S. Atty., Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, and BASTIAN, Senior Circuit Judge, and BURGER, Chief Judge.

Petition for Rehearing En Banc in No. 20,480 Denied July 3, 1968.

Petition for Rehearing En Banc in No. 20,481 Denied July 17, 1968.

BURGER, Circuit Judge:

Appellants were tried together in the District Court on a three-count indictment charging first degree murder, felony murder, and attempted robbery. The jury returned not guilty verdicts on first degree murder but guilty on the other two counts. The jury being unable to agree on punishment, the...

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