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UNITED STATES v. BARBOUR

No. 22335.

420 F.2d 1319 (1969)

UNITED STATES of America v. Harold W. BARBOUR, Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided October 9, 1969.

Attorney(s) appearing for the Case

Mr. John P. Wenchel, II, Washington, D. C. (appointed by this court) for appellant.

Mr. Sandor Frankel, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., at the time the brief was filed, and Frank Q. Nebeker, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and LEVENTHAL and ROBINSON, Circuit Judges.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was tried before a jury in the District Court upon an indictment charging housebreaking1 and grand larceny2 consisting in the theft of a console from an apartment. The tenant thereof, Juanita A. Young, testified that she left the apartment about 4:30 p. m. on March 11, 1967, and that her combination radio-television-phonograph was stolen during her absence...

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