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UNITED STATES v. CARTER

No. 22912.

436 F.2d 200 (1970)

UNITED STATES of America v. Elroy F. CARTER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 5, 1970.

Attorney(s) appearing for the Case

Mr. John A. Nevius, Washington, D.C. (appointed by this court), with whom Mr. William R. Stratton, Washington, D.C., was on the brief, for appellant.

Mr. James L. Lyons, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry, and Richard A. Hibey, Asst. U. S. Attys., were on the brief, for appellee. Mr. Roger E. Zuckerman, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and JAMESON, Senior District Judge.

PER CURIAM:

Found guilty after having waived his right to a jury trial on charges of both robbery (22 D.C.Code § 2901 (Supp. III 1970)) and assault with a dangerous weapon (22 D.C.Code § 502 (1967)), appellant contends before us that the trial court should have granted his motion for a judgment of acquittal upon the ground of mental illness. Without in any way challenging the allegations regarding his participation in the crimes charged, appellant, admittedly...

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