SMITH v. UNITED STATES

No. 5693.

281 A.2d 438 (1971)

James Tyrone SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 28, 1971.


Attorney(s) appearing for the Case

Caroline Nickerson, Washington, D. C., appointed by this court, for appellant.

John S. Ransom, Asst. U. S. Atty. with whom Thomas A. Flannery, U. S. Atty. John A. Terry and Paul L. Friedman, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, and GALLAGHER and NEBEKER, Associate Judges.


HOOD, Chief Judge:

This appeal is from a conviction of unlawful entry in violation of D.C.Code 1967, § 22-3102.1

Appellant was found near midnight by a police officer within a construction site completely enclosed by three locked gates and mesh chain link fence topped by barbed wire. The officer testified that, responding to a burglar alarm, he scaled the fence after seeing an individual inside and, following a chase, caught...

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