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SMITH v. UNITED STATES

No. 16957.

306 F.2d 286 (1962)

James S. SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 26, 1962.

Attorney(s) appearing for the Case

Mr. James W. Lawson, Washington, D. C., with whom Mr. Francis W. McInerny, Washington, D. C. (appointed by this court), was on the brief, for appellant.

Mr. Barry Sidman, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson, and Joseph Lowther, Asst. U. S. Attys., were on the brief, for appellee.

Mr. Abbott A. Leban, Asst. U. S. Atty., also entered an appearance for appellee.

Before EDGERTON, WASHINGTON and BASTIAN, Circuit Judges.

PER CURIAM.

Appellant was indicted as an accessory after the fact to the robbery by Ernest Greene of property of Pauline Turner, and was convicted. D.C.Code § 22-106 (1961). On appeal, court-appointed counsel makes several contentions, the chief of which is that "a person who is present before, during, and after a crime may not be convicted as accessory after the fact." The Government's evidence was to the effect that appellant and Greene were together when Greene...

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