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GREEN v. UNITED STATES

No. 18512.

348 F.2d 340 (1965)

Joseph H. GREEN, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 11, 1965.

Petition for Rehearing Denied June 8, 1965.

Attorney(s) appearing for the Case

Mr. Gerhard A. Gesell, Washington, D. C., with whom Mr. John P. McKenna, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. Stephen Eilperin, Attorney, Department of Justice, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Robert X. Perry, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WASHINGTON and DANAHER, Circuit Judges.

BAZELON, Chief Judge:

Appellant was convicted of unauthorized use of a vehicle, grand larceny and interstate transportation of a stolen automobile. The Government's principal witness was an admitted accomplice and his testimony was corroborated by one William Weaver. Because the court invited the jury to consider whether the accomplice's testimony was "substantially corroborated by independent evidence,"1 Weaver's testimony was of great...

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