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SIMS v. UNITED STATES

Nos. 21300-21302.

405 F.2d 1381 (1968)

David I. SIMS, Appellant, v. UNITED STATES of America, Appellee. Ronald D. SMITH, Appellant, v. UNITED STATES of America, Appellee. David REED, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 15, 1968.

Attorney(s) appearing for the Case

Mr. William O. Bittman, Washington, D. C., with whom Mr. Stuart Philip Ross, Washington, D. C. (both appointed by this court), was on the brief, for appellant in No. 21,300.

Mr. Daniel M. Singer, Washington, D. C. (appointed by this court), for appellant in No. 21,301.

Mr. James R. Stoner, Washington, D. C. (appointed by this court), for appellant in No. 21,302.

Mr. Daniel J. Givelber, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. William J. Davis, Asst. U. S. Atty., also entered an appearance for appellee.

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

PER CURIAM:

The three appellants were jointly tried and convicted of felony murder, each receiving a life sentence. The charge grew out of the fatal shooting of a cab driver during an attempted robbery. The evidence against appellants included statements, incriminating as to all, made by one or more of them to other witnesses who related the statements at trial. Appellants moved unsuccessfully for severance under Rule 14, FED.R.CRIM. P., both before and during the...

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