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JOHNSON v. UNITED STATES

No. 6323.

293 A.2d 269 (1972)

William Arthur JOHNSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 17, 1972.

Attorney(s) appearing for the Case

Herbert A. Rosenthal, Jr., Washington, D. C., appointed by this court, for appellant.

Joseph E. di Genova, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Lawrence P. Lataif, Asst. U. S. Attys., were on brief, for appellee.

James F. McMullin, Asst. U. S. Atty., also filed an appearance for appellee.

Before KERN, NEBEKER, and REILLY, Associate Judges.

REILLY, Associate Judge:

This is an appeal from a conviction of burglary in the second degree — an offense defined in D.C.Code 1967, § 22-1801(b) (Supp. V, 1972). After a jury verdict of guilty, appellant was sentenced to imprisonment for a term of from two to six years.

The burglary occurred in a single house, 3721 R Street in the Burleith section of the city, occupied by Mr. and Mrs. Harold Baxter. The Baxter house is a two-story structure, with...

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