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UNITED STATES v. WILSON

Nos. 23094, 23095.

449 F.2d 1005 (1971)

UNITED STATES of America v. James WILSON, Appellant. UNITED STATES of America v. Charles WHITTAKER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Reargued February 26, 1971.

Decided June 18, 1971.

Attorney(s) appearing for the Case

Mr. Jerome I. Chapman, Washington, D. C. (appointed by this Court) for appellants.

Mr. John Ellsworth Stein, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Richard A. Hibey, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges, sitting en banc.

Reargued En Banc February 26, 1971.

PER CURIAM:

These are appeals from judgments of conviction of armed robbery and assault with a deadly weapon, sentencing appellants to imprisonment for concurrent terms of five to fifteen years for the robbery and three to ten years on the assault count. Appellants urge reversal on several grounds, including (1) that the trial court erred by adding certain statements to the standard "Allen" charge regarding the jury's duty...

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