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UNITED STATES v. KEARNEY

No. 73-1288.

498 F.2d 61 (1974)

UNITED STATES of America v. Sylvester KEARNEY, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

May 17, 1974.

Attorney(s) appearing for the Case

Tom M. Schaumberg, Washington, D. C. (appointed by this court), was on the brief for appellant.

Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, John A. Terry and Warren L. Miller, Asst. U. S. Attys., were on the brief for appellee. Brian W. Shaughnessy, Asst. U. S. Atty., entered an appearance for appellee.

Before WRIGHT and MacKINNON, Circuit Judges, and DAVIES, United States Senior District Judge for the District of North Dakota.

MacKINNON, Circuit Judge:

The principal point raised by appellant relates to his conviction for first degree burglary while armed, D.C. Code §§ 22-1801(a),1 22-3202, for which he was sentenced to imprisonment for two to ten years. Even though he raised an alibi defense at trial, on this appeal he does not contest his convictions on three armed robbery counts, D. C.Code §§ 22...

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