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LAMORE v. UNITED STATES

No. 8452.

136 F.2d 766 (1943)

LAMORE v. UNITED STATES.

United States Court of Appeals for the District of Columbia.

Decided May 29, 1943.

Attorney(s) appearing for the Case

Mr. James J. Laughlin, of Washington, D. C., for appellant.

Mr. Charles B. Murray, Assistant United States Attorney, of Washington, D. C., with whom Messrs. Edward M. Curran, United States Attorney, and George E. McNeil, Assistant United States Attorney, both of Washington, D. C., were on the brief, for appellee.

Before SOPER, Circuit Judge, sitting by designation, and MILLER and VINSON, Associate Justices.

MILLER, Associate Justice.

Only one question is presented on this appeal, namely, whether, upon an indictment charging robbery, appellant could properly be convicted of larceny. Counsel for appellant and for the government agree that no case in this jurisdiction has declared the law expressly upon the point; although, in several cases, the general proposition has been recognized that such a conviction is proper for a lesser constituent offense.1...

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