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MITCHELL v. UNITED STATES

Nos. 20803-20806.

394 F.2d 767 (1968)

William D. MITCHELL, Appellant, v. UNITED STATES of America, Appellee. Eddie DEVONE, Appellant, v. UNITED STATES of America, Appellee. Wayne A. BOONE, Appellant, v. UNITED STATES of America, Appellee. Langford BEACHAM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 18, 1968.

Attorney(s) appearing for the Case

Mr. David Booth Beers, Washington, D. C. (appointed by this court), for appellants.

Mr. Scott R. Schoenfeld, Asst. U. S. Atty., for appellee. Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before McGOWAN, TAMM and ROBINSON, Circuit Judges.

TAMM, Circuit Judge.

The four appellants in this case were convicted by a jury trial of the offense of "stealing" property belonging to the District of Columbia1 and were acquitted of the charges contained in three other counts of the same indictment. All of the charges grew out of the same incident. The versions of the affair, of course, vary as between the testimony of the Government's witness, a police officer in mufti driving his own...

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