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UNITED STATES v. THOMAS

No. 23975.

444 F.2d 919 (1971)

UNITED STATES of America v. Roy L. THOMAS, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 26, 1971.

Attorney(s) appearing for the Case

Mr. David C. Venable, Washington, D. C. (appointed by this court) for appellant.

Mr. John O'B. Clarke, Jr., Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and David C. Woll, Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT and MacKINNON, Circuit Judges, and SMITH, Chief Judge, U. S. District Court for the District of Montana.

MacKINNON, Circuit Judge:

This appeal arises from a conviction of statutory burglary (first degree) under the laws of the District of Columbia. The principal issue raised involves the specific intent required for that offense. Appellant contends that the specific intent required by the statute was not properly alleged in the indictment, proved by the evidence or covered by the court's instructions to the jury. We do not reach the two latter issues since we find the...

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