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UNITED STATES v. JACOBS

No. 22336.

413 F.2d 1105 (1969)

UNITED STATES of America v. Leo JACOBS, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided June 25, 1969.

Attorney(s) appearing for the Case

Mr. William P. Sullivan, Washington, D. C. (appointed by this court) for appellant.

Mr. Terry P. Segal, 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 Theodore Wieseman, Asst. U. S. Atty., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and WRIGHT and ROBINSON, Circuit Judges.

FAHY, Senior Circuit Judge:

This is an appeal from a judgment of conviction of robbery1 and assault with a dangerous weapon.2 We affirm notwithstanding an instruction with which we are not in agreement. We affirm because no objection was made to the instruction, and in the context of the case as a whole the error, though we deem it plain, did not affect a substantial right of the appellant. Thus we are not...

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