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UNITED STATES v. SIMPSON

Nos. 23269, 23270.

445 F.2d 735 (1970)

UNITED STATES of America v. Ernest E. SIMPSON, Appellant. UNITED STATES of America v. Clarence E. WILLIAMS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 17, 1970.

Petition for Rehearing Denied March 15, 1971.

Attorney(s) appearing for the Case

Mr. William J. Fitzgerald, Washington, D.C., (appointed by this Court) for appellant in No. 23,269.

Mr. John A. Shorter, Jr., Washington, D.C., for appellant in No. 23,270.

Mr. Philip L. Cohan, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and James E. Kelley, Jr., Asst. U. S. Attys., were on the brief, for appellee.

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

PER CURIAM:

The two appellants were charged with second degree burglary1 and grand larceny2 arising out of an apparent theft from a midtown Washington jewelry store. Both were convicted of burglary but found not guilty of grand larceny. We affirm.

Appellants urge an apparent inconsistency in the jury verdict. But since the missing jewelry was never recovered, it is clear that the jury could have found...

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