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UNITED STATES v. GAITHER

No. 23636.

440 F.2d 262 (1971)

UNITED STATES of America v. Sylvester F. GAITHER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Petition for Rehearing Denied April 9, 1971.

Attorney(s) appearing for the Case

Mr. Edward L. Genn, Washington, D. C. (appointed by this court) was on the brief for appellant.

Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Brian W. Shaughnessy, Asst. U. S. Attys., were on the brief for appellee.

Before McGOWAN and LEVENTHAL, Circuit Judges, and VAN PELT, Senior United States District Judge for the District of Nebraska.

PER CURIAM:

Appellant was convicted by a jury of two counts of armed robbery (22 D.C. Code §§ 2901, 3202), two counts of assault with a dangerous weapon (22 D.C. Code § 502), and one count of carrying a dangerous weapon (22 D.C.Code § 3204).

On October 19, 1968, at approximately 12:30 p. m., two officers on patrol in their scout car received a radio dispatch informing them that a robbery was in progress at a nearby liquor store. The officers...

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