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UNITED STATES v. MELTON

No. 72-1357.

491 F.2d 45 (1973)

UNITED STATES of America v. Thomas MELTON, Jr., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1973.

As Amended on Rehearing and/or Suggestion for Rehearing January 11, 1974.

Attorney(s) appearing for the Case

Paul M. Tschirhart, Washington, D. C. (appointed by this Court), for appellant.

Emmett B. Lewis, Atty., Dept. of Justice of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of Court, with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, and Philip L. Cohan, Asst. U. S. Attys., at the time the brief was filed, were on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT and MacKINNON, Circuit Judges.

As Amended on Rehearing and/or Suggestion for Rehearing En Banc January 11, 1974.

BAZELON, Chief Judge:

Appellant was tried before a jury and convicted of first degree burglary. At trial, the following story emerged. At about 10 p. m. on January 29, 1971, Mrs. Vessels was asleep on the second floor of her home, when she was awakened by a loud noise from downstairs. She went to the foot of the stairs where she could clearly see that the noise had been caused...

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