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SMITH v. UNITED STATES

Nos. 22157, 22158.

418 F.2d 1120 (1969)

George SMITH, Jr., Appellant, v. UNITED STATES of America, Appellee. Johnny B. ROZIER, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 7, 1969.

Petition for Rehearing Denied June 24, 1969.

Attorney(s) appearing for the Case

Mr. Edwin Jason Dryer, Washington, D. C. (appointed by this court) for appellants.

Mr. James A. Treanor, III, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Nicholas S. Nunzio, Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT, LEVENTHAL and ROBINSON, Circuit Judges.

LEVENTHAL, Circuit Judge:

The appeal raises questions as to the validity of cumulative sentences and denial of speedy trial.

I

The first count of the indictment charged defendants assaulted Julia Perkins on February 12, 1967, with intent to kill. The second count charged defendants with assault with a dangerous weapon. Each defendant was found guilty and sentenced to a term of 5 to 15 years on count 1, and 40 months to 10 years on count 2, sentences...

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