Thomas W. Whalem v. United States

BASTIAN, Senior Circuit Judge, with whom WILBUR K. MILLER, Senior Circuit Judge, and DANAHER, BURGER and McGOWAN, Circuit Judges, join:

When this case was first argued to a division of three judges, appellant, convicted of robbery and attempt to commit rape, questioned, the sufficiency of the evidence of his indentification, the jury instructions which he alleges failed to properly emphasize evidence favorable to his case, and introduction into evidence of clothing taken from him after his arrest. Before an opinion was issued by the division the full Court sua sponte ordered a rehearing en…