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UNITED STATES v. PRATER

No. 71-1432.

462 F.2d 292 (1972)

UNITED STATES of America v. John PRATER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 30, 1972.

Attorney(s) appearing for the Case

Mr. John Z. Noyes, Washington, D. C. (appointed by this court) for appellant.

Mrs. Ann S. DuRoss, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry and Edwin A. Williams, Asst. U. S. Attys., were on the brief, for appellee. Mr. Harold H. Titus, Jr., U. S. Atty., also entered an appearance for appellee.

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

MacKINNON, Circuit Judge:

Appellant was convicted by a jury on two counts of (1) assault with intent to commit robbery while armed with a dangerous weapon (D.C.Code §§ 22-501, -3202) and on two counts of (2) assault with a dangerous weapon (D.C. Code § 22-502). Concurrent sentences of seven to twenty-one years and three to nine years respectively were adjudged on each of the two types of offenses. Appellant raises two points as a basis for setting aside...

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