UNITED STATES of America
v.
Bernard J. HEINLEIN a/k/a Jimmy Holiday, Appellant.
UNITED STATES of America
v.
David A. WALKER, Jr., Appellant.
UNITED STATES of America
v.
Frank J. WALKER, Appellant.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 20, 1972.
Decided October 11, 1973.
Rehearing Denied November 7, 1973.
Attorney(s) appearing for the Case
J. Alan Galbraith, Washington, D.C., with whom Edward Bennett Williams, Washington, D.C. (both appointed by this court) was on the brief, for appellant in No. 23,226.
Bruce J. Terris, Washington, D.C. (appointed by this court) for appellant in No. 23,228 also argued for appellant in No. 23,227.
William S. Block, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty. at the time the brief was filed, John A. Terry and Theodore Wieseman, Asst. U. S. Attys., were on the brief, for appellee. Harold H. Titus, Jr., U. S. Atty., also entered an appearance for appellee.
Gilbert A. Cuneo and Charles E. Yonkers, Washington, D.C. (both appointed by this court) were on the brief for appellant in No. 23,227.
Stanley L. Temko, Richard B. Stewart, Russell H. Carpenter, Jr., and Ralph J. Temple, Washington, D.C., filed a brief on behalf of the American Civil Liberties Union Fund as amicus curiae, urging reversal.
Marilyn Cohen, Washington, D.C. and Frederick H. Weisberg, Brooklyn, N. Y. (both appointed by this court) also entered appearances for appellant in No. 23,228.
Before FAHY, Senior Circuit Judge, and McGOWAN and ROBINSON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
McGOWAN, Circuit Judge:
Appellants were charged with felony-murder (22 D.C. § 2401), murder in the second degree (22 D.C.Code § 2403), rape while armed (22 D.C.Code §§ 501, 3202), and rape (22 D.C.Code § 2801). They were convicted of felony-murder, and of the lesser included offense of assault with intent to commit rape while armed. When the jury was unable to agree as to punishment on the felony-murder count, the District Court sentenced...
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