UNITED STATES v. CARTER

Nos. 73-1922, 73-2057 and 74-1473.

522 F.2d 666 (1975)

UNITED STATES of America v. Lamont S. CARTER, Appellant. UNITED STATES of America v. Jerome R. PATTERSON, Appellant. UNITED STATES of America v. Jerome R. PATTERSON.

United States Court of Appeals, District of Columbia Circuit.

Judgment June 30, 1975.

Opinion July 18, 1975.


Attorney(s) appearing for the Case

Deborah Jennings Nalls,* with whom Frank F. Flegal, Washington, D.C. (appointed by this Court), and Marsha A. Papanek,* were on the brief for appellant Lamont S. Carter.

Peter P. Broderick, with whom Larry J. Ritchie, Washington, D. C. (both appointed by this Court), was on the brief for appellant Jerome R. Patterson.

E. Lawrence Barcella, Jr., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry and John O. Clarke, Jr., Asst. U.S. Attys., were on the brief for appellee. Harold H. Titus, Jr., U.S. Atty. at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, DANAHER, Senior Circuit Judge, and JUSTICE, United States District Judge for the Eastern District of Texas.


Opinion for the Court filed by District Judge JUSTICE.

Opinion filed by Senior Circuit Judge DANAHER, dissenting from reversal of the conviction of Carter.

JUSTICE, District Judge.

I. INTRODUCTION

A. The Burglary

In the early morning hours of June 29, 1971, security personnel at the Troop Command supply area of the Walter Reed Army Medical Center in Washington, D.C., discovered that the arms room of the facility had been...

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