BAILEY v. UNITED STATES

No. 21428.

416 F.2d 1110 (1969)

John L. BAILEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 7, 1969.


Attorney(s) appearing for the Case

Mr. Alan C. Campbell, Washington, D. C., with whom Mr. Bernard J. Long, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. James R. Phelps, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Earl J. Silbert, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, BASTIAN, Senior Circuit Judge, and ROBINSON, Circuit Judge.


SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was tried in the District Court on a single-count indictment charging robbery1 of an employee of the Center Market Provision Company. The prosecutive theory was that he aided and abetted the principal assailant, who remains unknown, in the commission of the crime. At the close of the Government's case in chief, appellant moved unsuccessfully for a judgment of acquittal

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