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PEYTON v. UNITED STATES

No. 5442.

275 A.2d 229 (1971)

Marshall PEYTON, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 22, 1971.

Attorney(s) appearing for the Case

Michael L. Glaser, Washington, D. C., appointed by this court, for appellant.

Thomas A. Flannery, U. S. Atty., with whom John A. Terry, C. Madison Brewer and John S. Ransom, Asst. U. S. Attys., were on the brief, for appellee.

Before PAIR, REILLY and YEAGLEY, Associate Judges.

YEAGLEY, Associate Judge:

The appellant and one Leonard Smith were charged by information with petit larceny (D.C.Code 1967, § 22-2202). On July 21, 1970, defendants were tried by a jury and found guilty. The appellant was then sentenced to 180 days in jail and this appeal followed.1

The charge resulted when a police officer saw the defendants take a carton of matches from the sidewalk...

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