UNITED STATES v. CLEMONS

No. 23577.

445 F.2d 711 (1971)

UNITED STATES of America v. Rudolph CLEMONS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 14, 1971.

Petition for Rehearing Denied June 21, 1971.


Attorney(s) appearing for the Case

Mr. Michael Mulroney, Washington, D. C. (appointed by this Court), for appellant.

Mr. Kenneth M. Robinson, 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 BAZELON, Chief Judge, TAMM, Circuit Judge, and SMITH, Chief Judge, U. S. District Court for the District of Montana.


TAMM, Circuit Judge:

Appellant was convicted by a jury on both counts of an indictment charging robbery and assault with a dangerous weapon.1 Though we have carefully considered all the arguments made by appellant, we affirm the convictions.

In the early-morning hours of November 16, 1968, Edward R. Gordon, the night manager of a gasoline station, was robbed at gunpoint of $68. That same morning, when Mr. Gordon was summoned to...

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