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UNITED STATES v. YATES

No. 74-1187.

524 F.2d 1282 (1975)

UNITED STATES of America v. Ronald E. YATES, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 10, 1975.

Attorney(s) appearing for the Case

James P. Gamble (student counsel), with whom Frank F. Flegal, Washington, D. C. (appointed by this Court), Sherman L. Cohn, Washington, D.C., and Allen J. Gross (student counsel), were on the brief for appellant.

Donald E. Robinson, Jr., Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief for appellee.

Before BAZELON, Chief Judge, McGOWAN, Circuit Judge, and MERHIGE, United States District Judge for the Eastern District of Virginia.

PER CURIAM:

Defendant Ronald Yates appeals from his conviction of first-degree burglary. Finding merit in one of his three claims of error, we reverse his conviction.

I

In the early morning hours of September 3, 1971, Mrs. Marian Priest was awakened by noises on the first floor of her house at 522 6th Street, S.E. She went downstairs to investigate. By the light of the kitchen and utility rooms, she saw a man 12-14 feet away, in the utility room...

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