UNITED STATES v. CROSBY

No. 71-1444.

462 F.2d 1201 (1972)

UNITED STATES of America v. Robert H. CROSBY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 10, 1972.


Attorney(s) appearing for the Case

Miss Marsha E. Swiss, 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 John A. Terry and Warren L. Miller, Asst. U. S. Attys., were on the brief, for appellee. Mr. Harold H. Titus, Jr., present U. S. Atty., also entered an appearance for appellee.

Before WRIGHT and WILKEY, Circuit Judges, and JAMES F. GORDON, Chief Judge, U. S. District Court for the Western District of Kentucky.


JAMES F. GORDON, Chief Judge:

The appellant, Robert H. Crosby, appeals his conviction of murder in the second degree and possession of a prohibited weapon, violations of 22 D.C. Code § 2403 and 22 D.C.Code § 3214(b) respectively.

The offenses arose from a division of proceeds dispute between appellant and one Fred Lee Brooks as to the fruits gained from the sale of stolen property. The altercation resulting in Brooks' death was witnessed by one Farrie...

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