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GREEN v. UNITED STATES

Nos. 21460, 21532.

426 F.2d 661 (1970)

Alvin GREEN, Appellant, v. UNITED STATES of America, Appellee. James R. TAYLOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 1970.

Attorney(s) appearing for the Case

Mr. John P. Lipscomb, Washington, D. C., with whom Mr. Herman C. Biegel, Washington, D. C. (both appointed by this court), was on the brief, for appellant in No. 21,460.

Mr. James H. Marsh, Jr., Washington, D. C., with whom Mr. Harold J. Birch, Washington, D. C. (both appointed by this court), was on the brief, for appellant in No. 21,532.

Mr. Robert C. Crimmins, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee. Messrs. David G. Bress, U. S. Atty. at the time the record was filed, and Daniel J. Givelber, Asst. U. S. Atty., also entered appearances for appellee.

Before FAHY, Senior Circuit Judge, and WRIGHT and ROBB, Circuit Judges.

PER CURIAM:

Appellants were convicted of various offenses relating to the robbery of St. Elizabeths Hospital on November 2, 1965. In a prior trial a mistrial was declared when the jury could not reach a verdict. At that time the trial judge directed a verdict of acquittal on one of the counts, unauthorized use of a vehicle, 22 D.C.CODE § 2204 (1967). On the second trial appellants were convicted of robbery and assault. It is the second trial which is the subject...

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