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UNITED STATES v. ANDERSON

Nos. 72-1848 and 72-2066.

498 F.2d 1038 (1974)

UNITED STATES of America v. Flemming ANDERSON, Appellant. UNITED STATES of America v. William G. HALE, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided May 21, 1974.

Rehearing Denied August 1, 1974.

Attorney(s) appearing for the Case

Louis J. Briskman, Pittsburgh, Pa.,* with whom Sherman L. Cohn, Washington, D. C., Larry J. Ritchie, Washington, D. C., and Alan S. Gover, Houston, Tex.,* (all appointed by this court) were on the brief, for appellants.

David G. Larimer, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and John R. Dugan, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, WISDOM, United States Circuit Judge for the Fifth Circuit, and WILKEY, Circuit Judge.

Rehearing En Banc Denied August 1, 1974.

BAZELON, Chief Judge:

In a joint trial appellants were convicted by a jury of robbery. Anderson received a two to eight year sentence; imposition of Hale's sentence was suspended, and he was placed on probation for three years. Hale seeks reversal on the ground that the prosecutor impermissibly sought to elicit his reason for not asserting his alibi to the police when arrested. Anderson seeks reversal on the ground...

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