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GARDNER v. UNITED STATES

Nos. 21405-21407.

407 F.2d 1266 (1969)

Harold L. GARDNER, Appellant, v. UNITED STATES of America, Appellee. Richard GREEN, Appellant, v. UNITED STATES of America, Appellee. George L. TURNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 8, 1969.

Certiorari Denied May 19, 1969.

Attorney(s) appearing for the Case

Mr. Bernard Dunau, Washington, D. C. (appointed by this court), for appellants.

Mr. Julius A. Johnson, 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, McGOWAN and ROBINSON, Circuit Judges.

Certiorari Denied May 19, 1969. See 89 S.Ct. 1757.

BAZELON, Chief Judge:

Appellants seek reversal of their convictions for assault with intent to rob. The evidence against them was simple, direct and overwhelming. The victim, one Richard Ferguson, testified that appellant Turner approached him as he was walking along a downtown street at 10:30 p. m. and said, "Give me a quarter." Ferguson refused. Thereupon the other appellants and a fourth man not a party...

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