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UNITED STATES v. BROWN

No. 24646.

478 F.2d 606 (1973)

UNITED STATES of America v. James J. BROWN, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 8, 1973.

Rehearing Denied April 5, 1973.

Attorney(s) appearing for the Case

Mr. Jon P. Axelrod, Washington, D. C., with whom Mr. Norman Lefstein, Washington, D. C., was on the brief, for appellant. Mrs. Barbara A. Bowman and Karen E. Moore, Washington, D. C., also entered appearance for appellant.

Mr. David G. Larimer, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before DANAHER, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

Appellant was indicted on 8 counts of robbery, 11 of assault with a deadly weapon, and one count each of rape and carrying a pistol without a license. At a trial in 1969, without a jury, by Judge William B. Jones, he was acquitted by reason of insanity. Following that acquittal, appellant was given a hearing, pursuant to 24 D.C.Code § 301(d), as construed in Bolton v. Harris, 130 U.S. App.D.C. 1, 395 F.2d 642

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