UNITED STATES v. SINCLAIR

No. 23178.

444 F.2d 888 (1971)

UNITED STATES of America v. Rodney SINCLAIR, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 31, 1971.

Petition for Rehearing Denied May 6, 1971.


Attorney(s) appearing for the Case

Mr. Stanley Klavan, Rockville, Md. (appointed by this Court) for appellant.

Mr. Richard L. Rosenfield, Atty., Department of Justice, of the Bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and James R. Phelps, Asst. U. S. Attys., were on the brief, for appellee.

Before LEVENTHAL and ROBINSON, Circuit Judges, and DAVIES, U. S. District Judge for the District of North Dakota.


LEVENTHAL, Circuit Judge:

This is an appeal from a judgment, entered after verdict, of the felony of burglary in the second degree. 22 D.C.Code § 1801(b) (Supp. III, 1970). Appellant's sole complaint is the refusal of the trial judge to give a requested instruction on the lesser offense of unlawful entry, a misdemeanor under 22 D.C.Code § 3102 (1967). We affirm.

I. The Facts

The arresting officers testified that at 8:30 p. m. on...

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