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TATE v. UNITED STATES

No. 15611.

283 F.2d 377 (1960)

Frank A. TATE, Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 20, 1960.

Attorney(s) appearing for the Case

Mr. Macon M. Arthur, Washington, D. C. (appointed by this court) for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before WASHINGTON, DANAHER and BURGER, Circuit Judges.

BURGER, Circuit Judge.

Appellant was convicted under a two count indictment charging entering the District of Columbia General Hospital with intent to steal and theft of hospital property.1 He received concurrent sentences of 16 months to 4 years on each count. The only question presented here is whether it was error for the District Court to receive, in rebuttal, statements asserted to have been made by appellant to police in a period...

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