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HYMES v. UNITED STATES

No. 4972.

260 A.2d 679 (1970)

Donald Terry HYMES, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 15, 1970.

Attorney(s) appearing for the Case

Leonard I. Rosenberg, Washington, D. C., appointed by this court, for appellant.

James L. Lyons, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Terry P. Segal, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, and FICKLING and GALLAGHER, Associate Judges.

HOOD, Chief Judge.

Appellant was convicted of seven counts under our false pretenses statute, D.C.Code 1967, § 22-1301.1 This appeal is based solely on the ground that the Government failed to prove all the elements of the crime.

The Government introduced the following evidence: An American Oil Company credit card was issued to one F. F. Dittess who never used it, and never gave anyone permission to use it, but the card was...

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