KRAMER v. UNITED STATES

No. 17293.

317 F.2d 114 (1963)

Donald KRAMER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 24, 1963.


Attorney(s) appearing for the Case

Mr. William R. Perlik, Washington, D. C., (appointed by this court), for appellant.

Mr. Tim Murphy, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Arthur J. McLaughlin, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY and BASTIAN, Circuit Judges, and BELL, Circuit Judge for the Fourth Circuit.


FAHY, Circuit Judge.

Appellant and his co-defendant Dewdney were jointly indicted and tried for housebreaking, Section 22-1801, D.C. Code. Dewdney was convicted and did not appeal. Appellant, also convicted on circumstantial and hearsay evidence, brings this appeal. From the circumstantial evidence the jury, although by no means obliged to do so, could have found that appellant acted as a lookout for Dewdney, who entered the premises, and was accordingly an accessory...

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