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UNITED STATES v. LEONARD

Nos. 71-1503, 71-2019.

494 F.2d 955 (1974)

UNITED STATES of America v. Irie E. LEONARD, Appellant. UNITED STATES of America v. James L. SARVIS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 31, 1974.

Attorney(s) appearing for the Case

Geoffrey Cowan, Washington, D.C. (appointed by this Court) for appellant in No. 71-2019.

Julius A. Johnson, Asst. U.S. Atty., with whom Harold H. Titus, Jr., U.S. Atty., John A. Terry and John F. Evans, Asst. U.S. Attys., were on the brief, for appellee. James F. Rutherford, Asst. U.S. Atty., also entered an appearance for appellee.

Raphael Sherfy and Gary G. Quintiere, Washington, D.C. (both appointed by this Court) with whom Thomas W. Farquhar, Washington, D.C., was on the brief, for appellant in No. 71-1503.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and WINTER, Circuit Judge for the Fourth Circuit.

WINTER, Circuit Judge:

Defendants, James L. Sarvis and Irie E. Leonard, were tried jointly with Francis A. Salters on a five-count indictment charging them with felony murder,1 first degree murder,2 armed robbery,3 robbery,4 and second degree burglary.5 The jury found Sarvis guilty of armed robbery and second degree burglary...

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