UNITED STATES v. WASHINGTON

No. 22449.

413 F.2d 409 (1969)

UNITED STATES of America, Appellee, v. David L. WASHINGTON, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided May 19, 1969.


Attorney(s) appearing for the Case

Mr. Brian C. Elmer (appointed by this court) submitted on the brief, for appellant.

Mr. Thomas C. Green, 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, submitted on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and BURGER and TAMM, Circuit Judges.


BURGER, Circuit Judge:

The Government consented to reversal to allow a new trial and we give substantial deference to the position of the Government in these circumstances. However, a suggestion by the Government is just that; it is this Court's responsibility to decide. We are unable to accept the suggestion that a new trial is the only remedy; that cannot be known until the District Court has had an opportunity to consider what was not presented at or before...

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