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MOORE v. UNITED STATES

No. 15405.

278 F.2d 459 (1960)

Warren E. MOORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 5, 1960.

Attorney(s) appearing for the Case

Mr. Wilbert McInerney, Washington, D. C. (appointed by this court), for appellant.

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

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

WILBUR K. MILLER, Circuit Judge.

This is a case under 28 U.S.C. § 2255. The appellant, Warren E. Moore, and one James A. Marshall were tried before a jury for, and were found guilty of, housebreaking and petit larceny. The complaining witness and a police officer testified that, in their presence, Moore and Marshall accused each other of the actual entry and theft, and subsequent sale of the radio-phonograph which was...

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