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TURNER v. UNITED STATES

No. 21443.

416 F.2d 815 (1969)

Charles V. TURNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 3, 1969.

Petition for Rehearing Denied July 10, 1969.

Attorney(s) appearing for the Case

Mr. William J. Garber, Washington, D. C., for appellant.

Mr. David A. Clarke, Jr., Special Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, Frank Q. Nebeker, Asst. U. S. Atty., at the time the brief was filed, and Harold J. Sullivan, Asst. U. S. Atty., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and DANAHER and McGOWAN, Circuit Judges.

DANAHER, Circuit Judge:

Four men on December 1, 1965 were involved in a robbery. This appellant and one Tyler were found guilty.1 At gunpoint $3,300 had been taken from Giant Food Store employees whom the robbers rounded up and forcibly herded into a meat box. Both Turner and Tyler were identified by employees as well as by McFarland who testified further in detail as to the planning and execution of the robbery.

I

Turner...

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