AUSTIN v. UNITED STATES

No. 22044.

414 F.2d 1155 (1969)

Luther L. AUSTIN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 27, 1969.

As Amended July 31, 1969.


Attorney(s) appearing for the Case

Mr. Patrick H. Corcoran, Washington, D. C. (appointed by this court), for appellant.

Mr. Gregory C. Brady, Asst. U. S. Atty., of the bar of the Supreme Court of Nebraska, pro hac vice, by special leave of court, 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 Roger E. Zuckerman, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT, Circuit Judge.


J. SKELLY WRIGHT, Circuit Judge:

Appellant was found guilty by a jury of assault with a dangerous weapon and of robbery. He raises two points as error: (1) the giving of an instruction that flight by an accused can be used to infer guilt, and (2) the failure of the indictment (on the robbery count) to allege that appellant acted with specific intent. We hold that the flight instruction was erroneous, but it was not plain error under Rule 52(b), FED.R.CRIM.P. Since...

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