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UNITED STATES v. WOODEN

No. 22773.

420 F.2d 251 (1969)

UNITED STATES of America v. Jack WOODEN, Jr., Appellant.

United States Court of Appeals District of Columbia Circuit.

Decided November 28, 1969.

Attorney(s) appearing for the Case

Mr. Murray S. Simpson, Jr., Washington, D. C. (appointed by this court), for appellant.

Mr. William S. Block, Asst. U. S. Atty., for appellee. Messrs. Thomas A. Flannery, U. S. Atty., Roger E. Zuckerman, Daniel J. Givelber, Asst. U. S. Attys., and Robert P. Watkins, Asst. U. S. Atty., at the time the brief was filed, were on the brief for appellee. Messrs. David G. Bress, U. S. Atty., at the time the record was filed, and John A. Terry, Asst. U. S. Atty., also entered appearances for appellee.

Before FAHY, Senior Circuit Judge, and WRIGHT and ROBB, Circuit Judges.

ROBB, Circuit Judge:

The appellant and Charles Reid were indicted for burglary in the second degree (22 D.C.Code § 1801(b)) (Supp. II, 1969) and grand larceny (22 D.C.Code § 2201). A jury found them guilty of burglary in the second degree and petty larceny. Reid has not appealed.

From the evidence at trial it appeared that the Rio Restaurant on 14th Street, N.W., in Washington, was entered by burglars between the hours of 4:30 A.M. and 9:30 A.M....

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