McMILLAN v. UNITED STATES

No. 4210.

230 A.2d 714 (1967)

Cleveland E. McMILLAN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 26, 1967.


Attorney(s) appearing for the Case

Michael P. Bentzen, Washington, D. C., appointed by this court with whom Charles A. Miller, Washington, D. C., was on the brief, for appellant.

Geoffery M. Alprin, Asst. U. S. Atty., with whom David G. Bress, U. S. Atty., Frank Q. Nebeker and Donald E. Santarelli, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, MYERS, Associate Judge, and CAYTON (Chief Judge, Retired).


CAYTON, Judge.

Appellant and one Gaither were charged jointly with petit larceny, D.C.Code 1961, § 22-2202, for taking money from the complaining witness by means of "flim-flam" or confidence operation. Gaither pleaded guilty. Appellant entered a plea of not guilty and was later tried by the court and convicted.

Complaining witness Williams testified that Gaither approached him and asked the location of an unspecified...

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