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HENDERSON v. UNITED STATES

No. 9920.

172 F.2d 289 (1949)

HENDERSON v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided January 31, 1949.

Attorney(s) appearing for the Case

Wm. F. Martin, of Washington, D. C., for appellant.

L. Clark Ewing, Asst. U. S. Atty., of Washington, D. C., with whom George Morris Fay, U. S. Atty., and Sidney S. Sachs and John D. Lane, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellee.

Before CLARK, PRETTYMAN, and PROCTOR, Circuit Judges.

PRETTYMAN, Circuit Judge.

Appellant was indicted, tried, convicted and sentenced for violation of Section 1801, Title 22, of the District of Columbia Code, in that he entered the apartment of one Haselden with intent to commit a felony.1 The question presented by the appeal is whether the place which the appellant admittedly entered was part of "any apartment or room". The apartment was on the first floor. The place which appellant entered...

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