RIVERA v. UNITED STATES

No. 19528.

361 F.2d 553 (1966)

Santiago RIVERA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 10, 1966.

Petition for Rehearing and for Rehearing Denied July 6, 1966.


Attorney(s) appearing for the Case

Mr. Milton Eisenberg, Washington, D. C. (appointed by this Court), for appellant.

Mr. James A. Strazzella, Asst. U. S. Atty., 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., also entered an appearance for appellee.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and FAHY, Circuit Judge.


Petition for Rehearing En Banc and for Rehearing before the Division Denied July 6, 1966.

PER CURIAM:

Appellant was convicted of housebreaking and larceny. His principal contention on appeal, ably presented by counsel we appointed to present the appeal, is that the instructions to the jury did not adequately include appellant's theory of the case, based on his intoxicated condition when arrested with several of the stolen articles in his own pockets. His position...

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