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UNITED STATES v. PENDERGRAST

No. 7391.

313 A.2d 103 (1973)

UNITED STATES, Appellant, v. Willie E. PENDERGRAST, Appellee.

District of Columbia Court of Appeals.

Decided December 18, 1973.

Attorney(s) appearing for the Case

Peter R. Reilly, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Peter A. Chapin, Asst. U. S. Attys., were on the brief, for appellant.

James W. Lawson, Washington, D. C., appointed by this court, for appellee.

Before KELLY, KERN and PAIR, Associate Judges.

PAIR, Associate Judge:

The government appeals1 from an order of the trial court holding insufficient and dismissing without prejudice the third count of an indictment which charged that "[on] or about August 13, 1972, within the District of Columbia, Willie E. Pendergrast broke open, opened, and entered without right a juke box, with intent to carry away a part of such device, and something contained therein." [Emphasis supplied...

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