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CLEMM v. UNITED STATES

No. 4986.

260 A.2d 687 (1970)

Frank C. CLEMM, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 15, 1970.

Attorney(s) appearing for the Case

Fred Grabowsky, Washington, D. C. appointed by this court, for appellant.

Julius A. Johnson, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and James E. Sharp, Asst. U. S. Attys., appeared on the brief, for appellee.

Before KELLY, KERN and GALLAGHER, Associate Judges.

KELLY, Associate Judge.

The evidence relevant to the only issue presented on this appeal is that at approximately 10:30 A.M. on November 25, 1968, the arresting officer, within two minutes of the receipt of a radio report of a "breaking-in" at a given address, observed appellant walking in a direction away from that address carrying a portable television set. Although the radio report gave no circumstances of the offense...

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