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UNITED STATES v. MILLER

No. 22332.

449 F.2d 974 (1971)

UNITED STATES of America v. Dennis O. MILLER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Reargued June 25, 1970.

Decided March 23, 1970.

On Rehearing March 19, 1971.

Attorney(s) appearing for the Case

Mr. Steven John Fellman, Washington, D. C. (appointed by this court) for appellant.

Mr. John G. Gill, Jr., Asst. U. S. Atty. with whom Messrs. Thomas A. Flannery, U. S. Atty., and Roger E. Zuckerman, Asst. U. S. Atty., were on the brief, for appellee. Messrs. David G. Bress, U. S. Atty., at the time the record was filed, and John A. Terry, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, WILBUR K. MILLER, Senior Circuit Judge and MacKINNON, Circuit Judge.

BAZELON, Chief Judge:

About 12:30 p. m. on November 14, 1967, a man walked into Burdette's Wine & Liquors in the 5900 block of Georgia Avenue and asked for a fifth of Teachers Scotch. When the bottle was brought to him, he pulled a gun and demanded the money from the cash register; the money was given to him. He then took cash from the two owners of the store, Norman Goldberg and Benjamin Monfried, and from their employee, Leon Jones, and herded the three into...

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