MONTGOMERY v. UNITED STATES

No. 10518.

384 A.2d 655 (1978)

Kenneth MONTGOMERY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 28, 1978.


Attorney(s) appearing for the Case

David Albert Mustone, law student counsel (LS # 1335) Joseph Rubin, Washington, D. C., supervising atty., appointed by this court, for appellant.

Sallie H. Helm, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Robert I. Richter and Jonathan Lash, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before KELLY, NEBEKER and YEAGLEY, Associate Judges.


YEAGLEY, Associate Judge:

Appellant was convicted of attempted petit larceny (D.C.Code 1973, §§ 22-2202 and -103). The following is a summary of the evidence which provided the basis for his conviction. On July 16, 1975, at approximately 4 p. m., a saleswoman at the Woodward & Lothrop downtown department store observed appellant and his codefendant, Bill Robinson, enter the linen department on the fifth floor. Robinson was carrying a folded bag under...

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