SUTTON v. UNITED STATES

Nos. 22210, 22342.

434 F.2d 462 (1970)

Glenn SUTTON, Jr., Appellant, v. UNITED STATES of America, Appellee. UNITED STATES of America v. Robert F. BIGSBY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 19, 1970.

Petition for Rehearing Denied September 22, 1970.


Attorney(s) appearing for the Case

Mr. Neal Michael Mayer, Washington, D. C. (appointed by this Court), for appellant in 22,210.

Mr. Alan S. Ward, Washington, D. C. (appointed by this Court), for appellant in 22,342.

Mr. Edwin K. Hall, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Theodore Wieseman, Asst. U. S. Attys., were on the brief, for appellee. Mr. David G. Bress, U. S. Atty. at the time the record was filed, also entered an appearance for appellee. Mr. Clarence A. Jacobson, Asst. U. S. Atty., also entered an appearance for appellee in 22,210.

Before McGOWAN and MacKINNON, Circuit Judges, and JAMESON, Senior District Judge.


Petition for Rehearing in No. 22210 Denied September 22, 1970.

MacKINNON, Circuit Judge:

At about 12 o'clock noon on August 3, 1967, two armed men robbed the Executive House Motel in the District of Columbia. One man, later identified as appellant Bigsby, entered the auditor's office, told three employees there present that they would be shot if they moved, and then stole the motel's payroll (which was contained in payroll envelopes)1

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