GAITHER v. UNITED STATES

Nos. 21780, 22148, 21864.

413 F.2d 1061 (1969)

Tyrone GAITHER, Appellant, v. UNITED STATES of America, Appellee. Charles TATUM, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided April 8, 1969.

On Rehearing April 24, 1969.


Attorney(s) appearing for the Case

Mr. Robert L. Weinberg, Washington, D. C. (appointed by this court), for appellant in Nos. 21,780 and 22,148.

Mr. Julian P. Freret, Washington, D. C. (appointed by this court), for appellant in No. 21,864.

Mr. Roger E. Zuckerman, 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.

Before WRIGHT, McGOWAN and ROBINSON, Circuit Judges.


J. SKELLY WRIGHT, Circuit Judge:

Appellants Tatum and Gaither were convicted of grand larceny for a shoplifting expedition to Woodward & Lothrop's Department Store. The evidence showed that Tatum took five sport coats from a display rack and laid them on the floor. Gaither then approached with a large shopping bag, which he held open while Tatum put the coats inside. A special policeman employed by the store observed the incident, and with the help of two colleagues...

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