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UNITED STATES v. SPEARS

No. 23043.

449 F.2d 946 (1971)

UNITED STATES of America v. Walter B. SPEARS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 1971.

Attorney(s) appearing for the Case

Mr. Nicholas E. Allen, Washington, D. C. (appointed by this court) for appellant.

Mr. John Ellsworth Stein, 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 ROBINSON, MacKINNON, and WILKEY, Circuit Judges.

MacKINNON, Circuit Judge:

Appellant was convicted of various offenses arising out of his robbery of the Columbia Heights Branch of the United States Post Office in the District of Columbia. In Count I of the six-count indictment he was charged under the Federal Mail Robbery Statute1 with assaulting and placing in jeopardy the life of Clarence W. Smith, a custodian of the United States mail, with the intent to rob him.

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