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STEWART v. UNITED STATES

No. 17861.

324 F.2d 443 (1963)

Carroll W. STEWART, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 10, 1963.

Attorney(s) appearing for the Case

Mr. David Booth Beers, Washington, D. C. (appointed by this court), for appellant.

Mr. Robert D. Devlin, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before DANAHER, WRIGHT and McGOWAN, Circuit Judges.

PER CURIAM.

Upon the appeal of a conviction for housebreaking and larceny, reversal is sought solely by reason of an alleged error of the trial judge in refusing, upon request, to charge that the jury might find appellant guilty of unlawful entry as a lesser offense necessarily included in that of housebreaking. Rule 31(c), Fed.R.Crim.P.

While in some circumstances, as here, the elements of unlawful entry (D.C.Code § 22-3102 (1961)) are comprehended within...

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