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UNITED STATES v. LEWIS

No. 24798.

447 F.2d 1262 (1971)

UNITED STATES of America v. Alexander E. LEWIS, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 14, 1971.

Petition for Rehearing Denied September 24, 1971.

Attorney(s) appearing for the Case

Mr. Paul H. Mannes, Rockville, Md. (appointed by this court) for appellant.

Mr. Charles H. Roistacher, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and John G. Gill, Jr., Asst. U. S. Attys., were on the brief, for appellee.

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

MacKINNON, Circuit Judge:

Appellant was tried on two counts of second degree burglary but found guilty of the lesser included offense of unlawful entry in violation of D.C.Code § 22-3102(1967). While second degree burglary is a felony,1 unlawful entry is a misdemeanor punishable by a fine not exceeding $100 or imprisonment in the jail for not more than six months or both in the discretion of the court. Following his conviction the...

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