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“Mohr 7 at + . ; Bren.ig, ©... ~ ° Callahina Casper Conrad . Dalbey ‘ , , . Felt ’ . ale - osen vo Tavel Walters Soyara Tele. Room Holmes Gandy 0-20 (Rev. 2-2-71) ( a ' * - 3 ~ JA ( sult — « \ P we ( C) : Richa; Fa i UPI-82 (ROBBERY APPEAL? | WASHINGTON--THE SUPREME COURT EXPRESSED EXTREME, AND SOM EVHAT NUSUAL, IRRITATION TODAY AT THE JUSTICE DEPARTHENT AND A FEDERAL JAPPEALS COURT TOR MISREPRESENTING THE FACTS IN A ROBBERY CAS&. IS A UNANIMOUS, UNSIGNED OPINION, THE HIGH COURT DISHISSED A \PAUPER'S APPEAL BY JANES MERMAN BOSTIC WHO DREW 25 YEARS IN JAIL IN CONNECTION WITH THE ROBPERY OF THE BORDEAUX BRANCH OF THE CONMERCE | UNION BAEK IN NASHVILLE IX 1567. THE COURT SAID, IN EFFECT, THAT IT SHOULD NEVER HAVE TAKEN THz poms {CASE AND THAT IT DID SO ON THE BASIS OF "THE MISTAKEN REPRESENTATION" 'MADE BY BOTH THE 6TH CIRCUIT COURT F APPEALS AND THE GOVERUNENT THAT ; BOSTICK (CORRECT) HAD BEEN CONVICTED CF THE OFFENSE OF CONSPIRACY TO COMMIT HWRDERe. - , iT IS NoT UNUSUAL FOR THE COURT TO DISMISS CASES ONCE IT HAS ‘AGREED TO HEAR THEM, HEARD ORAL ARGUMENT, AND THEN MET IN |CONFERENCE TO DECIDE THE ISSUE. EUT BLANE IS NOT NORMALLY ATTACHED FOR NISREPRESENTATION. . , THE COURT SAID IT GRANTED THE APPEAL IN ORDER TO CONSIDER WHETHER _ |THE APPEALS COURT HAD FERRED IN HOLDING THAT BOSTICK HAD PROPERLY ‘BEEN CONVICTED OF CONSPIRACY 10 CONMIT WERDER IN ORDER TO AVOID iAPPPEMENSION FOR THE ROBBERY OF THE FEDERALLY INSURED BANK , BOSTIC EAD ARGUED THAT LOWER COURTS WERE MISTAKEN IN FINDING KE PCONTINUZD TO PARTICIPATE IN THE CONSPIRACY AFTER HIS ARREST AND THUS “WAS RFSTONSIELE FOR THE ACTIONS OF HIS CO-CONSPIRATORS IN KILLING ORE \URMDER CF THE GROUP WHO HAD BEEN TALKING TO .THE FBIe \ THE HIGH COURT FOUND STATEMENTS IN THE APPEALLATE COURT*S OPINION LAND IM THE MEMORANDUM OF THE UNITED STATES "WERE ERRONEOUS, AND THAT THE FACTS ARE NOT AS WE BELIEVED THEM TO BE AT THE TIME WE GRANTED | ‘THE WRIT." . Behan GE/NWLZO4PED WASHINGTON CAPITAL NEWS SERVICE ENOL SUS es ea ' .