PEARCE v. UNITED STATES

No. 15966.

286 F.2d 532 (1960)

Bryant O. PEARCE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 1, 1960.


Attorney(s) appearing for the Case

Messrs. Ronald A. Capone and Robert Henri Binder, Washington, D. C. (both appointed by this court) for appellant.

Mr. Arnold T. Aikens, 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 FAHY, DANAHER and BASTIAN, Circuit Judges.


PER CURIAM.

Appellant, who was indicted in a two-count indictment covering grand larceny and larceny after trust (Title 22 D.C. Code §§ 2201, 2203), was tried by the court, jury trial having been waived. At the close of the Government's opening statement, a motion for judgment of acquittal as to larceny after trust was granted. The court restricted the proof of the charge of grand larceny to the lesser included offense of an attempt to commit grand larceny...

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