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UNITED STATES v. KINNARD

Nos. 24859, 24860.

465 F.2d 566 (1972)

UNITED STATES of America v. Darnell R. KINNARD, Appellant. UNITED STATES of America v. Mahlon PAYNE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 6, 1972.

As Amended July 13, 1972.

Attorney(s) appearing for the Case

Mr. Thomas Owen Mann, Washington, D. C. (appointed by this Court), for appellant in No. 24859. Mr. Ben Paul Noble, Washington, D. C. (appointed by this Court), was on the brief for appellant in No. 24859.

Mr. A. Robert Cherin, Washington, D. C. (appointed by this Court), for appellant in No. 24860.

Mr. David G. Larimer, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and Donald T. Bucklin, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge, and ADAMS, Circuit Judge, United States Court of Appeals for the Third Circuit.

PER CURIAM:

The court unanimously agrees to affirm the conviction of the appellant Kinnard. Chief Judge Bazelon and Circuit Judge Leventhal agree to reverse the conviction of appellant Payne. The rulings of the trial judge below precluded an inquiry into the general unreliability of addict-informers; restricted defense counsel's efforts on cross-examination to develop extrinsic evidence concerning the informant's addiction; and in practical effect, foreclosed a request...

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