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UNITED STATES v. ROBINSON

No. 22899.

439 F.2d 553 (1970)

UNITED STATES of America v. Thomas W. ROBINSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 30, 1970.

Petition for Rehearing Denied March 1, 1971.

Attorney(s) appearing for the Case

Mr. David Cobb, Washington, D. C. (appointed by this Court), for appellant.

Mr. Julius A. Johnson, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and WRIGHT and McGOWAN, Circuit Judges.

FAHY, Senior Circuit Judge:

Appellant was tried for first degree murder in violation of D.C.Code § 22-2401. He was convicted of murder in the second degree and sentenced to imprisonment for a term of fifteen years to not more than life. The court recommended that he receive psychiatric treatment.

I

The homicide occurred when appellant was a patient at St. Elizabeths Hospital, to which he had been committed on March 25, 1965 as a result of a...

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