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AVANT v. UNITED STATES

Nos. 2365, 2366.

154 A.2d 354 (1959)

Otis AVANT, Appellant, v. UNITED STATES, Appellee. Fleet S. HUGHLETT, Appellant, v. UNITED STATES, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided September 18, 1959.

Attorney(s) appearing for the Case

Kenneth D. Wood, Washington, D. C., with whom John T. Bonner, Washington, D. C., was on the brief, for appellants.

Frank Q. Nebeker, Asst. U. S. Atty., Washington, D. C., with whom Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

QUINN, Associate Judge.

Appellants were convicted by a jury of obtaining money from the complaining witness, one Fletcher, by falsely representing to him that certain repairs had been made and certain parts replaced in his automobile.1

We will limit our comments on the evidence for it is our conclusion that the case must be retried. In September 1958 Fletcher took his automobile to the Credit Auto Repair Service to have specific...

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