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MASSEY v. UNITED STATES

No. 7364.

320 A.2d 296 (1974)

Roy MASSEY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 4, 1974.

Attorney(s) appearing for the Case

C. Roger Nelson, Washington, D. C., appointed by this court, for appellant.

E. Lawrence Barcella, Jr., Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before FICKLING, GALLAGHER and PAIR, Associate Judges.

GALLAGHER, Associate Judge:

After a trial by jury appellant was found guilty of second-degree burglary1 and sentenced to a term of one to three years with execution of two and one-half years suspended and probation imposed in lieu thereof. In this appeal it is argued with considerable force that the trial court erred (a) in denying appellant's motion for judgment of acquittal for failure of proof that appellant entered the premises with...

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