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OUTZS v. UNITED STATES

No. 7030.

306 A.2d 664 (1973)

Randy OUTZS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 28, 1973.

Attorney(s) appearing for the Case

Fred Grabowsky, Washington, D. C., appointed by this court, for appellant.

Peter K. Mair, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Michael G. Scheininger, Asst. U. S. Attys., were on the brief, for appellee.

Before KELLY, NEBEKER and PAIR, Associate Judges.

NEBEKER, Associate Judge:

This appeal from conviction, after a nonjury trial, of carrying a pistol without a license1 must result in reversal and entry of a judgment of acquittal because the evidence was insufficient to connect Outzs with the weapon in terms of knowledge and control. While this case is a close one, we hold that on its particular facts appellant's motion for judgment of acquittal should have been granted.

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