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LOCKLEY v. UNITED STATES

No. 14775.

270 F.2d 915 (1959)

Colon D. LOCKLEY, Jr., Appellant v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 2, 1959.

Dissenting Opinion October 2, 1959.

Petition for Rehearing Denied October 8, 1959.

Attorney(s) appearing for the Case

Messrs. John W. Jackson, Washington, D. C., and John B. Evans, Alexandria, Va. (both appointed by this court) for appellant.

Mr. Carl W. Belcher, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Charles W. Halleck, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee. Messrs. Harold D. Rhynedance, Jr., and Nathan J. Paulson, Asst. U. S. Attys., also entered appearances for appellee.

Before Mr. Justice BURTON, retired, and WILBUR K. MILLER and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied October 8, 1959.

WILBUR K. MILLER, Circuit Judge.

Colon D. Lockley was tried under four counts of an indictment. The first charged that he and one David Blackney entered a building of Morris Pollin & Sons with intent to steal property of another; the second charged that Lockley and Blackney stole copper tubing valued at $30.00, the property of Harry E. Nau & Company; the third count charged they entered a building...

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