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MITCHELL v. UNITED STATES

No. 22052.

434 F.2d 483 (1970)

James O. MITCHELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 1970.

Certiorari Denied October 19, 1970.

Attorney(s) appearing for the Case

Mr. Sol Rosen, Washington, D. C., for appellant.

Mr. Philip L. Kellogg, Asst. U. S. Atty., with whom Mr. David G. Bress, U. S. Atty., at the time the brief was filed, was on the brief, for appellee. Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., also entered appearances for appellee.

Before WILBUR K. MILLER, Senior Circuit Judge, and WRIGHT and MacKINNON, Circuit Judges.

Certiorari Denied October 19, 1970. See 91 S.Ct. 109.

MacKINNON, Circuit Judge:

Appellant was indicted for second degree murder (D.C.Code § 22-2403) and carrying a dangerous weapon (D.C.Code § 22-3204). The jury returned a verdict of guilty as charged and appellant was sentenced to imprisonment for five to twenty years on the second degree murder count and one year on the dangerous weapon count, the two sentences to run concurrently.

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