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BLAIR v. UNITED STATES

Nos. 21033, 21034.

401 F.2d 387 (1968)

Clarence BLAIR, Appellant, v. UNITED STATES of America, Appellee. James L. SUGGS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 2, 1968.

Petition for Rehearing Denied October 10, 1968.

Attorney(s) appearing for the Case

Mr. Y. Hillel Abrams, Washington, D. C. (appointed by this court), for appellant in No. 21,033.

Mr. Frederick H. Walton, Jr., Washington, D. C. (appointed by this court), for appellant in No. 21,034. Mr. J. Richard Carr, Washington, D. C., (appointed by this court), also entered an appearance for appellant in No. 21,034.

Mr. Larry D. Knippa, Sp. Attorney, Office of the United States Attorney, of the bar of the Supreme Court of Texas, pro hac vice, by special leave of court, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee. Mr. James A. Strazzella, Asst. U. S. Atty., also entered an appearance for appellee in No. 21,034.

Before PRETTYMAN, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

Petition for Rehearing En Banc in No. 21,033 Denied October 10, 1968.

J. SKELLY WRIGHT, Circuit Judge:

These appeals arise out of the armed robbery of a department store. Appellant Blair was convicted of robbery, 22 D.C.CODE § 2901 (1967), and sentenced to from five to 15 years imprisonment. Appellant Suggs, in addition to being convicted of robbery, was also found guilty on three counts of assault with a dangerous weapon, 22 D.C.CODE § 502 (1967...

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