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UNITED STATES v. CURTIS

No. 22470.

427 F.2d 630 (1970)

UNITED STATES of America v. Johnnie CURTIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Reargued November 24, 1969.

Decided May 19, 1970.

Attorney(s) appearing for the Case

Mr. Richard F. Generelly, Washington, D. C., with whom Mr. Charles V. Shannon, Washington, D. C., (both appointed by this court) was on the brief, for appellant.

Mr. John G. Gill, Jr., Asst. U. S. Atty., for appellee. Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, and Frank Q. Nebeker, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee. Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., also entered appearances for appellee.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON and ROBB, Circuit Judges, sitting en banc.

Reargued En Banc November 24, 1969.

ON REHEARING EN BANC

LEVENTHAL, Circuit Judge:

This is an appeal from a conviction for robbery (22 D.C.Code § 2901) and assault with a dangerous weapon (22 D.C. Code § 502).

This case was set down for reargument en banc because it, like No. 21,736 Dorman v. United States, involves the issue of the need for a warrant to enter a the need for a warrant to enter a private dwelling to make an arrest...

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