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UNITED STATES v. SHUMATE

Nos. 23109, 23110.

429 F.2d 777 (1970)

UNITED STATES of America v. William A. SHUMATE, Appellant. UNITED STATES of America v. Robert L. McMILLAN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1970.

Attorney(s) appearing for the Case

Mr. Raymond W. Russell, Washington, D. C. (appointed by this Court) for appellant in No. 23,109.

Mr. Benjamin F. Rossner, Washington, D. C. (appointed by this Court) for appellant in No. 23,110.

Mr. Broughton M. Earnest, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry, and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and McGOWAN and ROBB, Circuit Judges.

PER CURIAM:

After trial by jury the appellants were convicted and sentenced on all counts of an indictment charging them with first degree burglary of the dwelling of one Haywood Smith (22 D.C.Code § 1801 (a)), robbery of Smith (22 D.C.Code § 2901), and assault with a dangerous weapon on Smith and Bettie L. Powell (22 D.C.Code § 502). The indictment alleged that all of these offenses occurred on May 12, 1968.

We affirm the judgment against McMillan...

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