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UNITED STATES v. GLENN

No. 71-1865.

473 F.2d 191 (1972)

UNITED STATES of America, Appellant, v. James GLENN, a/k/a James M. Green.

United States Court of Appeals, District of Columbia Circuit.

Rehearing Denied January 30, 1973.

Attorney(s) appearing for the Case

Messrs. Harold H. Titus, Jr., U. S. Atty., and John A. Terry, Philip L. Cohan, and Raymond Banoun, Asst. U. S. Attys., were on the brief for appellant.

Mr. Ed Wilhite, Washington, D. C. (appointed by this Court), was on the brief for appellee.

Before LEVENTHAL, ROBINSON and ROBB, Circuit Judges.

PER CURIAM:

The appellee Glenn was indicted for the murder of one Juanita Johnson by stabbing her with a knife. Before trial he moved to suppress a statement made by Juanita Johnson minutes after she received the fatal wound and within an hour of her death. After a hearing the District Court granted the motion to suppress. The United States appeals, pursuant to 18 U.S.C. § 3731 (1970) and 23 D.C.Code § 104(a)(1) (Supplement V, 1972). We reverse.

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