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FOSTER v. UNITED STATES

No. 11770.

212 F.2d 249 (1954)

FOSTER v. UNITED STATES.

United States Court of Appeals, District of Columbia Circuit.

Decided April 15, 1954.

Petition for Rehearing Denied May 17, 1954.

Attorney(s) appearing for the Case

Mr. Charles A. Schaeffer, Washington, D. C., for appellant.

Mr. Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and William B. Bryant, Asst. U. S. Atty., Washington, D. C., at time brief was filed, were on the brief, for appellee. Mr. William R. Glendon, Asst. U. S. Atty., Washington, D. C., at time record was filed, entered an appearance for appellee.

Before BAZELON, WASHINGTON and DANAHER, Circuit Judges.

DANAHER, Circuit Judge.

This is a larceny case. D.C.Code 1951, Tit. 22, § 2201. Short of training a television camera on the scene, it is difficult to think of anything the prosecuting authorities might otherwise have done to complete the picture of the offense in progress. However, the appellant asserts that the jury erroneously "was permitted to render a larceny verdict notwithstanding the fact that no property was marked for or offered in evidence at the time...

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