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UNITED STATES v. BAILEY

Nos. 22431, 22432.

426 F.2d 1236 (1970)

UNITED STATES of America v. John L. BAILEY, Appellant. UNITED STATES of America v. Cleveland BURGESS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 20, 1970.

Attorney(s) appearing for the Case

Mrs. Amy Scupi, Washington, D. C. (appointed by this court) with whom Mrs. Olga Boikess, Los Angeles, Cal., was on the brief, for appellants.

Mr. Richard W. Perkins, Special Asst. U. S. Atty., of the bar of the Supreme Court of Connecticut, pro hac vice, by special leave of court, with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and William M. Cohen, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and TAMM and MacKINNON, Circuit Judges.

FAHY, Senior Circuit Judge:

Appellants were convicted by a jury of robbery,1 and assault with a dangerous weapon.2 Appellant Bailey, in addition, was convicted of illegal possession of a sawed-off shotgun.3

There are two questions on the appeal: (1) whether the trial judge abused his discretion in ruling that if either defendant were to testify the court would permit his...

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