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PETTYJOHN v. UNITED STATES

No. 21666.

419 F.2d 651 (1969)

Carl D. PETTYJOHN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 16, 1969.

Rehearing Denied November 19, 1969.

Attorney(s) appearing for the Case

Mr. Martin S. Thaler, Washington, D. C. (appointed by this court), with whom Mr. Walter B. Laessig, Washington, D. C., was on the brief, for appellant.

Mr. Daniel E. Toomey, Asst. U. S. Atty., with whom 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 BURGER, TAMM and ROBINSON, Circuit Judges.

Rehearing En Banc Denied November 19, 1969.

TAMM, Circuit Judge:

Appellant seeks reversal of his conviction of first degree murder (22 D.C.Code § 2401 (1967)).1 Since we find that none of appellant's three allegations of error necessitate reversal, his conviction must be affirmed. Only two of these allegations require discussion.

Undisputed testimony adduced at trial reveals that at approximately 1:30 a. m. on August...

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