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UNITED STATES v. PERRY

No. 71-1106.

471 F.2d 1057 (1972)

UNITED STATES of America, Appellant, v. Econuel PERRY, Jr., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

October 20, 1972.

Attorney(s) appearing for the Case

Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry, John F. Evans, and Michael J. Madigan, Asst. U. S. Attys., were on the brief for appellant.

Messrs. Ben Paul Noble and Thomas O. Mann, Washington, D. C. (appointed by this Court), were on the brief for appellee Jackson.

Messrs. Stephen S. Millstein and O. B. Parker, Washington, D. C., were on the brief for appellees Matthews and Smith. Mr. David B. Lamb, Washington, D. C., was on the brief for appellee Beard.

Mr. Bernard W. Kemp, Washington, D. C., entered an appearance for appellee Perry.

Before WRIGHT, ROBINSON and WILKEY, Circuit Judges.

WILKEY, Circuit Judge:

Appellees are charged with robbing the Department of Commerce Credit Union on 22 January 1970. They were allegedly observed in the vicinity of the Credit Union just prior to the robbery by Mrs. Carlin P. Middleton, who subsequently testified against the appellees before the grand jury. Prior to trial the Government made available to the defense all the Jencks Act material for each of the witnesses it intended to call at the trial except for...

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