UNITED STATES v. BROWN

No. 23626.

443 F.2d 659 (1970)

UNITED STATES of America v. Thomas W. BROWN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 4, 1970.


Attorney(s) appearing for the Case

Mr. Eugene J. Fitzpatrick, Rockville, Md. (appointed by this Court) for appellant.

Mr. Robert C. Crimmins, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Sandor Frankel, Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT, McGOWAN and MacKINNON, Circuit Judges.


PER CURIAM:

Appellant was charged in a four-count indictment with offenses arising out of, on different occasions, a robbery and an attempted robbery. Following appellant's initial trial the jury foreman reported that one of the jurors was hard of hearing and had not heard all the testimony given, and a mistrial was declared. A second trial before a jury was subsequently held and appellant was convicted on three of the four counts of the indictment: robbery, assault...

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