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UNITED STATES v. JOYNER

Nos. 73-1110, 73-1169.

492 F.2d 650 (1974)

UNITED STATES of America v. Joseph M. JOYNER, Appellant. UNITED STATES of America v. Calvin F. SMITH, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Rehearings Denied March 6, and March 14, 1974.

Attorney(s) appearing for the Case

Monica Gallagher, Sherman L. Cohn, Washington, D. C., and Warren E. Connelly,* were on the brief for appellant in No. 73-1110.

Paul M. Tschirhart, Washington, D. C., (appointed by this Court) was on the brief for appellant in No. 73-1169.

Harold H. Titus, Jr., U. S. Atty., John A. Terry and Garey G. Stark, Asst. U. S. Attys., were on the brief for appellee. Robert J. Higgins, Asst. U. S. Atty., entered an appearance for appellee.

Before McGOWAN, ROBINSON and ROBB, Circuit Judges.

PER CURIAM:

The appellants were convicted of the murder of John R. Turner. The killing occurred at Turner's house, 4709 Sheriff Road, N.E., shortly after 8:00 A.M. on June 11, 1971. There was evidence that at that time a man entered the house, a gunshot was heard, and immediately thereafter two other men went in.

Police arrived at the house at 8:45 A. M. in response to an alarm given by Turner's wife. They found Turner's body lying on the floor of the front...

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