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PAYTON v. UNITED STATES

No. 12416.

222 F.2d 794 (1955)

Leroy PAYTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 14, 1955.

Attorney(s) appearing for the Case

Mr. Edward G. Villalon, Washington, D.C., appointed by this Court, with whom Mr. Bruce K. Bridgman, Washington, D. C., appointed by this Court, was on the brief, for appellant.

Mr. Gerard J. O'Brien, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., and Lewis Carroll and Edward P. Troxell, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, WASHINGTON and BASTIAN, Circuit Judges.

FAHY, Circuit Judge.

Appellant was indicted in three counts, in one for carrying a dangerous weapon and in the other two, jointly with Frances V. Smith and James J. Horn, for housebreaking and grand larceny.1 The court directed the jury to acquit Horn. Frances V. Smith changed her plea of not guilty to guilty. Appellant was tried and convicted on all three counts. We find no error affecting his conviction of carrying a dangerous weapon...

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