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MANNING v. UNITED STATES

No. 20001.

371 F.2d 353 (1966)

Hubbard MANNING, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 28, 1966.

Petition for Rehearing Denied February 16, 1967.

Attorney(s) appearing for the Case

Mr. Martin S. Thaler (appointed by this court), with whom Mr. Dennis T. Koromzay, Washington, D. C., was on the brief, for appellant.

Mrs. Lee B. Anderson, Atty., Dept. of Justice, with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee. Mr. Dean W. Determan, Asst. U. S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before FAHY, DANAHER and LEVENTHAL, Circuit Judges.

Petition for Rehearing en banc Denied February 16, 1967.

PER CURIAM:

Appellant, on strong evidence, was convicted of housebreaking in violation of D.C.Code § 22-1801. He asserts error in the instructions, urging that under Levine v. United States, 104 U.S.App. D.C. 281, 261 F.2d 747, a special instruction on his theory of the case was required. The factual situation is sufficiently different to remove the case from any...

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