BRANDON v. UNITED STATES

No. 4501.

239 A.2d 159 (1968)

Sherman BRANDON, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 15, 1968.


Attorney(s) appearing for the Case

M. Michael Cramer, Washington, D. C., (appointed by this court) for appellant.

Joel Finkelstein, Asst. U.S. Atty., with whom David G. Bress, U.S. Atty., Rembert A. Gaddy, Special Atty. to the United States Attorney, Frank Q. Nebeker and Robert S. Bennett, Asst. U. S. Atty., were on the brief, for appellee.

Before HOOD, Chief Judge, and MYERS and KELLY, Associate Judges.


HOOD, Chief Judge:

This appeal raises the single question of the validity of the length of sentence imposed upon appellant after his conviction by a jury of petit larceny. The question arises from the following occurrence.

After opening statement by the prosecuting attorney, the court called counsel to the bench and inquired if appellant had previously been convicted of petit larceny. The prosecuting attorney stated he believed that to be a fact, and defendant...

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