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CALLOWAY v. UNITED STATES

Nos. 21579, 21580.

399 F.2d 1006 (1968)

Alonzo CALLOWAY, Appellant, v. UNITED STATES of America, Appellee. Terry L. S. McCOWEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 12, 1968.

Certiorari Denied December 9, 1968.

Attorney(s) appearing for the Case

Mr. Albert J. Ahern, Jr., Washington, D. C. (appointed by this court), for appellants.

Mr. Joel M. Finkelstein, Asst. U. S. Atty., for appellee. Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and Robert K. Webster, Asst. U. S. Attys., were on the brief for appellee.

Before BAZELON, Chief Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

Certiorari Denied December 9, 1968. See 89 S.Ct. 464.

J. SKELLY WRIGHT, Circuit Judge:

Appellants were accused of murdering one Henighan while trying to rob him at about 2:00 or 3:00 A.M. in the hallway of his apartment building. They were charged in a three-count indictment with felony murder, 22 D. C. Code § 2401 (1967); murder with deliberate and premeditated malice, 22 D. C. Code § 2401 (1967); and attempted robbery, 22 D. C. Code § 2902...

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