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SMITH v. UNITED STATES

No. 19629.

359 F.2d 243 (1966)

Fletcher SMITH, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 9, 1966.

Attorney(s) appearing for the Case

Messrs. Norman B. Frost and John C. Duncan, III, Washington, D. C. (both appointed by this court), for appellant.

Mr. Edward T. Miller, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Donald S. Smith, Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT, McGOWAN and LEVENTHAL, Circuit Judges.

PER CURIAM:

In this appeal from a jury conviction of unauthorized use of an automobile, court-appointed counsel have earnestly and capably pressed upon us a number of points.1 Principal reliance was had upon a claim that the trial court erred in giving an instruction to the jury that it might infer appellant's guilt of unauthorized use from the fact, if unexplained, of possession of a car which had undisputedly been taken from its owner...

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