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McCOY v. UNITED STATES

No. 19438.

363 F.2d 306 (1966)

James A. McCOY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 9, 1966.

Petition for Rehearing Denied July 18, 1966.

Attorney(s) appearing for the Case

Miss Barbara Allen Babcock, Washington, D. C., with whom Mr. Thomas A. Wadden, Jr., Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Miss Carol Garfiel, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and John R. Treanor, Asst. U. S. Attys., were on the brief, for appellee.

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

FAHY, Circuit Judge:

Appellant had pled not guilty to a charge of violating D. C. Code § 22-2204, unauthorized use of a motor vehicle, punishable by a fine not exceeding $1,000 or imprisonment not exceeding five years, or both. At the conclusion of the Government's case in chief a plea to the lesser offense of taking property without right, carrying a maximum sentence of six months or a fine of $100.00, or both, D.C. Code § 22-1211, was discussed. Defendant...

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