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BURROUGHS v. UNITED STATES

Nos. 2598, 2599.

163 A.2d 830 (1960)

John I. BURROUGHS, Appellant, v. UNITED STATES, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided September 27, 1960.

Attorney(s) appearing for the Case

Bernard W. Kemp, Washington, D. C., for appellant.

C. Thomas McCally, 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. Harry T. Alexander, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before ROVER, Chief Judge, HOOD, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

ROVER, Chief Judge.

Appellant was convicted by a jury of assault and petit larceny. He maintains on appeal that the evidence was insufficient to justify the verdict.

The complaining witness testified that about 5:30 a. m. on Saturday, November 28, 1959, while walking in the 1500 block of Third Street, N. W., appellant and an unidentified companion jumped from behind a tree where they had been hiding, struck him on the head with an iron pipe breaking his glasses...

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