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GREGORY v. UNITED STATES

No. 21089.

410 F.2d 1016 (1969)

Clifton GREGORY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 18, 1969.

Petition for Rehearing Denied April 25, 1969.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C. (appointed by this court), for appellant.

Mr. Lawrence Lippe, 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.

Before BAZELON, Chief Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

BAZELON, Chief Judge:

The owner of a liquor store in the District of Columbia was shot in the back and killed by an armed robber on the morning of October 29, 1964. Four witnesses identified Clifton Gregory as the assailant; the Government also relied upon the appellant's resistance at the time of his arrest to show a consciousness of guilt. The appellant produced one witness, a customer at the store, who testified that he was not the murderer.

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