UNITED STATES v. JAMES

No. 71-1443.

473 F.2d 115 (1972)

UNITED STATES of America v. Edward JAMES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 13, 1972.


Attorney(s) appearing for the Case

Mr. Werner Strupp, Washington, D. C. (appointed by this Court), for appellant.

Mr. Robert Alan Jones, Asst. U. S. Atty., with whom Messrs. Harold H. Titus, Jr., U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief for appellee.

Before FAHY, Senior Circuit Judge, and TAMM and WILKEY, Circuit Judges.


TAMM, Circuit Judge:

In 1956 appellant, Edward James, was sentenced to a term of from 15 years to life on a conviction for second degree murder, following a 37-day trial in which he and two co-defendants were tried under a first degree murder indictment. Four years later appellant filed a post-conviction motion pursuant to 28 U.S.C. § 2255 (1970), alleging that evidence unlawfully seized at the time of his arrest (or shortly thereafter) was introduced at his...

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