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UNITED STATES v. LUMPKIN

No. 24410.

448 F.2d 1085 (1971)

UNITED STATES of America v. Wilkin D. LUMPKIN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 21, 1971.

Attorney(s) appearing for the Case

Mr. Douglas L. Leslie, with whom Mr. Donald J. Capuano, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Robert S. Tignor, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and John F. Evans, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and LEVENTHAL and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

The controlling issue is whether appellant Lumpkin was a participant in a liquor store robbery or an innocent bystander. His motions for judgment of acquittal were denied and he was found guilty by the verdict of a jury of armed robbery and two counts of assault with a dangerous weapon (D.C.Code §§ 22-3202, 2901, 502 (1967)). We consider first the evidence with the permissible inferences existing at the close of the Government's...

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