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UNITED STATES v. WYATT

No. 24106.

442 F.2d 858 (1971)

UNITED STATES of America v. Horace L. WYATT, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 2, 1971.

Attorney(s) appearing for the Case

Mr. Milton I. Baldinger, Washington, D. C. (appointed by this Court) for appellant.

Mr. John R. Dugan, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and David T. Austern, Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT and ROBINSON, Circuit Judges, and GORDON, District Judge, U.S. District Court for the Eastern District of Wisconsin.

MYRON L. GORDON, District Judge:

After a jury trial, the appellant was convicted in the district court of robbery and assault with a dangerous weapon. His appeal raises certain issues which, in our opinion, require a new trial.

On August 17, 1968, the manager of a Washington movie theater was forced by two armed men to open the safe in his office and to turn over the cash inside. His wallet was also taken. On September 7, 1968, the victim saw the appellant...

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