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CAMPBELL v. UNITED STATES

Nos. 18916, 18917.

352 F.2d 359 (1965)

Howard CAMPBELL, Jr., Appellant, v. UNITED STATES of America, Appellee. Robert W. GLENMORE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 28, 1965.

Petition for Rehearing Denied October 14, 1965.

Attorney(s) appearing for the Case

Mr. Austin P. Frum, Washington, D. C., with whom Mr. Thomas S. Jackson, Washington, D. C. (both appointed by this court) was on the brief, for appellant in No. 18,916.

Mr. John C. Duncan, III, Washington, D. C. (appointed by this court) for appellant in No. 18,917.

Mr. John R. Kramer, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and William C. Weitzel, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before WASHINGTON, BURGER and WRIGHT, Circuit Judges.

Petition for Rehearing En Banc in No. 18,916 Denied October 14, 1965.

WASHINGTON, Circuit Judge.

Appellants were convicted of housebreaking in violation of D.C.CODE § 22-1801 and petit larceny in violation of D.C.CODE § 22-2202. The case against Campbell was stronger than the case against Glenmore. The arresting officer testified that he saw Campbell make a flipping motion; and a watch which was found close to his feet was identified as a part of...

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