BRANCH v. UNITED STATES

No. 9450.

171 F.2d 337 (1948)

BRANCH v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided November 29, 1948.


Attorney(s) appearing for the Case

Mr. Charles M. Branch, Jr., pro se.

Mr. William S. Tarver, of Washington, D. C., amicus curiae, appointed by this Court.

Mr. Robert E. Short, Assistant United States Attorney, of Washington, D. C., with whom Mr. George Morris Fay, United States Attorney, and Mr. John D. Lane, Assistant United States Attorney, both of Washington, D. C., were on the brief, for appellee. Messrs. John P. Burke and Sidney S. Sachs, Assistant United States Attorneys, both of Washington, D. C., also entered appearance for appellee.

Before PRETTYMAN and GRONER, Circuit Judges, and BAILEY, District Judge, sitting by designation.


PRETTYMAN, Circuit Judge.

This is an appeal from a conviction in the District Court upon an indictment for housebreaking and petit larceny. Appellant presents a number of points, and we have examined the record in respect to each. We think only one is sufficiently substantial to merit discussion.

Appellant took the stand in defense and, in the course of his description of his whereabouts on the night in question, said, "I told my mother about the different...

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