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UNITED STATES v. BARNES

No. 71-1507.

464 F.2d 828 (1972)

UNITED STATES of America v. Bennie E. BARNES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 29, 1972.

Rehearing Denied August 15, 1972.

Attorney(s) appearing for the Case

Mr. Rufus King, Washington, D. C. (appointed by this court), for appellant.

Mr. Julius A. Johnson, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, and Robert A. Shuker, Asst. U. S. Atty., were on the brief, for appellee. Mr. Harold H. Titus, Jr., present U. S. Atty., also entered an appearance for appellee.

Before FAHY, Senior Circuit Judge, WILKEY, Circuit Judge, and RONALD N. DAVIES, U. S. Senior District Judge for the District of North Dakota.

RONALD N. DAVIES, Senior District Judge:

The appellant here, Bennie E. Barnes (Barnes), was tried to a jury in United States District Court for the District of Columbia in January, 1971, on a three-count indictment charging (1) felony-murder, (2) first degree murder, and (3) arson, all in violation of the District of Columbia Code. From judgment entered upon his convictions Barnes has perfected this timely appeal.

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