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GILBERT v. UNITED STATES

No. 12120.

215 F.2d 334 (1954)

GILBERT v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided July 22, 1954.

Attorney(s) appearing for the Case

Mrs. Jean F. Dwyer, Washington, D. C., for appellant.

Mr. Gerard J. O'Brien, Jr., Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis A. Carroll and Paul F. Leonard, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before PRETTYMAN, BAZELON and DANAHER, Circuit Judges.

DANAHER, Circuit Judge.

Appellant and one Ward were indicted on two counts of violation of the D.C. Code (1951), the first charging theft of a truck and a paint spray pump, § 22-2201, and the second charging the unauthorized use of a motor vehicle within the meaning of § 22-2204. Appellant asserts the trial judge erred in denying his motion for the direction of a judgment of acquittal on the ground that the Government failed to establish by proof beyond...

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