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UNITED STATES v. BUTLER

Nos. 11508, 11562.

390 F.2d 620 (1968)

UNITED STATES of America, Appellee, v. Marshall Reginald BUTLER, Appellant. UNITED STATES of America, Appellee, v. Clifton Hall JOHNSON, Jr., Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 1, 1968.

Attorney(s) appearing for the Case

Plato Cacheris, Alexandria, Va. (Court-appointed counsel), for appellant in No. 11,508.

Frank L. Cowles, Jr., Fairfax, Va. (Court-appointed counsel), for appellant in No. 11,562.

John D. Schmidtlein, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before SOBELOFF, BRYAN and CRAVEN, Circuit Judges.

PER CURIAM:

Appellants, Butler and Johnson, were convicted under an indictment charging breaking and entering with the intent to commit larceny in violation of Title 18.1-89 of the Code of Virginia. Federal jurisdiction was based on the Assimilative Crimes Act, 18 U.S.C.A. § 13. The trial judge, sitting without a jury, found that the Post Exchange of Henderson Hall, a United States Marine Corps reservation in Arlington County, Virginia, was entered on the night...

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