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UNITED STATES v. GARNER

Nos. 23368, 23395.

439 F.2d 525 (1970)

UNITED STATES of America v. John C. GARNER, Appellant. UNITED STATES of America v. Tyrone C. PARKER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 6, 1970.

Supplemental Opinion January 21, 1971.

Certiorari Denied April 26, 1971.

Attorney(s) appearing for the Case

Mr. George J. Thomas, Hyattsville, Md. (appointed by this Court) for appellant in No. 23,368.

Mr. Fred R. Joseph, Hyattsville, Md. (appointed by this Court) with whom Messrs. Karl G. Feissner, William L. Kaplan and Thomas P. Smith, Hyattsville, Md., were on the brief, for appellant in No. 23,395.

Mr. Terry Philip Segal, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U.S. Atty., John A. Terry, and Harold J. Sullivan, Asst. U. S. Attys., were on the brief, for appellee.

Before TAMM, LEVENTHAL and MacKINNON, Circuit Judges.

Certiorari Denied April 26, 1971. See 91 S.Ct. 1531.

LEVENTHAL, Circuit Judge:

These are appeals from judgments entered on the convictions of appellants on five counts each of robbery and nine counts of assault with a dangerous weapon in connection with the robbery of a branch of the National Savings and Trust Company of the District of Columbia.

The central question is whether it was error to have permitted...

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