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UNITED STATES v. HAYWARD

No. 22749.

420 F.2d 142 (1969)

UNITED STATES of America v. Milton L. HAYWARD, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided November 18, 1969.

Attorney(s) appearing for the Case

Mr. Mozart G. Ratner, Washington, D. C. (appointed by this court) for appellant.

Mr. Julius A. Johnson, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and Roger E. Zuckerman, Asst. U. S. Atty., were on the brief, for appellee. Mr. John A. Terry, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and TAMM and ROBINSON, Circuit Judges.

TAMM, Circuit Judge:

On November 18, 1968, appellant was convicted of first degree murder (22 D.C.Code § 2401 (1967)) and carrying a dangerous weapon (22 D.C.Code § 3204 (1967)), for which he was sentenced to life imprisonment and one year, respectively. As part of his defense, appellant proffered an alibi which alleged that he was at home with his mother, sister and sister-in-law at the time the murder took place. Conflicting testimony placed him at the...

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