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UNITED STATES v. BENN

Nos. 71-1501, 71-1547.

476 F.2d 1127 (1973)

UNITED STATES of America v. Hilton BENN, Jr., Appellant UNITED STATES of America v. James W. HUNT, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 1, 1972.

As Amended March 8, 1973.

Rehearing Denied March 19, 1973.

Attorney(s) appearing for the Case

Mr. H. Stewart Dunn, Jr., Washington, D. C. (appointed by this Court), for appellant in No. 71-1501.

Mr. Julian H. Singman, Washington, D. C. (appointed by this Court), for appellant in No. 71-1547.

Mr. Harry J. McCarthy, Asst. U. S. Atty., with whom Messrs. Harold H. Titus, Jr., U. S. Atty., John A. Terry, and John G. Gill, Jr., Asst. U. S. Attys., were on the brief, for appellee. Mr. Thomas A. Flannery, U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, Justice CLARK, of the Supreme Court of the United States and WILKEY, Circuit Judge.

BAZELON, Chief Judge :

Appellants were indicted for rape while armed,1 rape,2 and assault with a dangerous weapon.3 The court dismissed the rape charges and appellants were convicted of assault with intent to commit rape while armed4 and assault with a dangerous weapon. Appellant Hunt was also convicted on charges of carrying a dangerous weapon.

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