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LEWIS v. UNITED STATES

Nos. 21596, 21683.

417 F.2d 755 (1969)

Elroy LEWIS, Appellant, v. UNITED STATES of America, Appellee. Bobby LEWIS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 15, 1969.

Petition for Rehearing Denied August 13, 1969.

Attorney(s) appearing for the Case

Mr. John O. Harper, Washington, D. C., for appellant in No. 21,596.

Mr. Charles R. Donnenfeld, Washington, D. C., with whom Mr. Harry M. Plotkin, Washington, D. C. (both appointed by this court) was on the brief, for appellant in No. 21,683.

Mr. John G. Gill, Jr., 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.

Mr. Robert S. Bennett, Asst. U. S. Atty., also entered an appearance for appellee in No. 21,596.

Before FAHY, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.

Petition for Rehearing in No. 21596 Denied August 13, 1969.

TAMM, Circuit Judge:

On April 5, 1966, Mr. Louis Brodsky was shot fatally while working in his liquor store. Appellants were each indicted and charged with felony murder (22 D.C.Code § 2401), robbery (22 D.C. Code § 2901), unauthorized use of an automobile (22 D.C.Code § 2204) and carrying a dangerous weapon (22 D.C. Code § 3204). Appellants were tried in a joint trial by jury...

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