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GAYNOR v. UNITED STATES

No. 13641.

247 F.2d 583 (1957)

Frank GAYNOR, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 11, 1957.

Attorney(s) appearing for the Case

Mr. William B. Bryant, Washington, D. C. (appointed by the District Court), with whom Messrs. William C. Gardner and Joseph C. Waddy, Washington, D. C., were on the brief, for appellant.

Mr. Fred L. McIntyre, Assistant United States Attorney, with whom Messrs. Oliver Gasch, United States Attorney, Lewis Carroll and Victor Caputy, Assistant United States Attorneys, were on the brief, for appellee.

Before WILBUR K. MILLER, BAZELON and FAHY, Circuit Judges.

PER CURIAM.

Appellant and two others were indicted and put on trial for housebreaking, larceny and destruction of property in violation of D.C.Code (1951) §§ 22-1801, 22-2201, 22-2202, 22-403. The evidence against appellant was circumstantial and, though sufficient to go to a jury, inconclusive. Before the trial was concluded the court entered judgment of acquittal as to one of the co-defendants. The remaining defendant other than appellant, one Mitchell...

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