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UNITED STATES v. IRVING

No. 23096.

437 F.2d 649 (1970)

UNITED STATES of America v. Maurice F. IRVING, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided October 9, 1970.

Attorney(s) appearing for the Case

Mr. James L. Dooley, Washington, D. C. (appointed by this Court) for appellant.

Mr. Terry Philip Segal, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief for appellee. Mr. James R. Phelps, Asst. U. S. Atty., also entered an appearance for appellee.

On Appellant's Motion for Rehearing

Before WILBUR K. MILLER, Senior Circuit Judge, WILKEY, Circuit Judge, and DAVIES, Judge, U. S. District Court for the District of North Dakota.

WILKEY, Circuit Judge:

In its present posture this case is before us on rehearing. After the original submission of this appeal on briefs and oral argument, this court unanimously affirmed appellant's conviction for burglary and petty larceny by a per curiam order without opinion. In so doing, however, the present writer added a concurring opinion stating in part:

[W]e do not approve that portion of the instructions given by the trial court, on the charge...

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