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DE BINDER v. UNITED STATES

No. 16036.

292 F.2d 737 (1961)

Walter E. DE BINDER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 18, 1961.

Attorney(s) appearing for the Case

Mr. Joseph F. Healy, Jr., Washington, D. C., with whom Messrs. C. Edward Leasure and Robert N. Duggan, Washington, D. C. (all appointed by this Court), were on the brief, for appellant.

Mr. Arnold T. Aikens, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty. at the time of argument, and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before WILBUR K. MILLER, Chief Judge, and EDGERTON and WASHINGTON, Circuit Judges.

WASHINGTON, Circuit Judge.

Appellant was convicted of housebreaking and larceny, after jury trial, in the District Court, D.C.Code §§ 22-1801, 22-2201 (1951). He was sentenced to a term of imprisonment, and appealed.

The case for the prosecution rested principally upon the testimony of the complaining witness. Her testimony at trial identifying appellant as the nocturnal intruder in her daughter's apartment was definite and unequivocal, but it was...

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