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GRIFFIN v. UNITED STATES

No. 21495.

405 F.2d 1378 (1968)

Joseph GRIFFIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 21, 1968.

Attorney(s) appearing for the Case

Mr. Morris J. Levin, Washington, D. C., with whom Mr. Richard R. Paradise, Washington, D. C. (both appointed by his court) was on the brief, for appellant.

Mr. James E. Kelley, Jr., Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Harold J. Sullivan, Asst. U. S. Attys., were on the brief, for appellee.

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

FAHY, Senior Circuit Judge:

Appellant was indicted for second degree murder and for carrying a dangerous weapon without a license, the former under 22 D.C.Code § 2403 (1967), the latter under 22 D.C.Code § 3204 (1967). He was convicted of both offenses. When the trial had progressed through the testimony of an eyewitness called by the United States, who gave his description of how appellant shot Charles Ballard, the deceased, appellant testified in his own...

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