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WASHINGTON v. UNITED STATES

No. 22022.

414 F.2d 1119 (1969)

James WASHINGTON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 28, 1969.

Petition for Rehearing Denied May 22, 1969.

Attorney(s) appearing for the Case

Mr. James T. Barbour, Jr., Washington, D. C. (appointed by this court) for appellant.

Mr. John G. Gill, Jr., Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker and Harold J. Sullivan, Asst. U. S. Attys., were on the brief, for appellee.

Before TAMM, LEVENTHAL and ROBINSON, Circuit Judges.

PER CURIAM:

On a Sunday morning in November, 1967, an adult male and two boys about eight years old entered a Sears, Roebuck & Company store through an unlocked door. Two employees engaged in special work on the second floor were alerted by the store's alarm system, and they proceeded to investigate. They discovered the man1 on the main floor, but were unable to detain him until the police arrived.2

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