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UNITED STATES v. CLAYBORNE

Nos. 72-2152, 72-2192.

509 F.2d 473 (1974)

UNITED STATES of America v. James CLAYBORNE, Appellant. UNITED STATES of America v. William E. BROWN, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1974.

Attorney(s) appearing for the Case

Sherwood B. Smith, Jr., Washington, D. C., with whom Paul M. Vincent, Washington, D. C. (both appointed by this court), was on the brief, for appellant in No. 72-2152.

Fred Martin, law student,* for appellant in No. 72-2192. John G. Murphy, Jr., Washington, D. C., with whom Sherman L. Cohn, Washington, D. C. (appointed by this court), and Patricia A. Seitz,* law student, were on the brief for appellant in No. 72-2192.

Richard L. Beizer, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Brian W. Shaughnessy, Asst. U. S. Attys., were on the brief for appellee. Stephen W. Grafman, Asst. U. S. Atty., also entered an appearance for appellee.

Before BAZELON, Chief Judge, and McGOWAN and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

James Clayborne and William E. Brown, Jr. were charged with (1) first degree felony murder,1 (2) first degree premeditated murder,2 (3) attempted robbery while armed3 and (4) attempted robbery.4 In addition, Clayborne was charged with carrying a pistol without a license.5 After a jury trial both...

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