Donald Baxter, Appellant, v. United States of America, Appellee, 337 F.2d 547 (D.C. Cir. 1964)

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US Court of Appeals for the District of Columbia Circuit - 337 F.2d 547 (D.C. Cir. 1964) Argued July 7, 1964
Decided July 23, 1964
Petition for Rehearing en Banc Denied November 9, 1964

Mr. Robert W. McChesney, Jr. (appointed by this court), Washington, D. C., for appellant.

Mr. Anthony A. Lapham, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Victor W. Caputy, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, WRIGHT and McGOWAN, Circuit Judges.


The appeal is from a judgment of conviction of robbery, in violation of D.C. Code § 22-2901, and is rested upon the admission of evidence now claimed to have been inadmissible. In view of all the circumstances of the case we think it is not one for the exercise of our discretion permitted by Rule 52(b), Fed. R. Crim. P.