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McABEE v. UNITED STATES

Nos. 16188, 16189.

294 F.2d 703 (1961)

Philip N. McABEE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 29, 1961.

Petition for Rehearing Denied August 23, 1961.

Attorney(s) appearing for the Case

Mr. Raymond W. Bergan, Washington, D. C. (appointed by this court), for appellant.

Mr. Harry T. Alexander, Asst. U. S. Atty., Washington, D. C., for appellee. Messrs. David C. Acheson, U. S. Atty. and Carl W. Belcher, Asst. U. S. Atty. at the time of argument, Washington, D. C., were on the brief for appellee. Mr. Oliver Gasch, U. S. Atty., Washington, D. C., at the time the record was filed, also entered an appearance for appellee.

Before FAHY, DANAHER and BURGER, Circuit Judges.

Petition for Rehearing en Banc Denied August 23, 1961.

PER CURIAM.

These appeals return to this court again on a remand by the Supreme Court. The background is important to our reconsideration. Appellant was indicted for housebreakings and larcenies committed on six separate occasions in 1955 and 1956. The last three offenses were committed while he was at liberty on bail awaiting trial for the three earlier offenses...

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