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UNITED STATES v. PANNELL

No. 12135.

383 A.2d 1078 (1978)

UNITED STATES, Appellant, v. Major A. PANNELL, Jr. and Robert W. Dean, Appellees.

District of Columbia Court of Appeals.

Decided March 9, 1978.

Attorney(s) appearing for the Case

Robert I. Richter, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry and David W. Stanley, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellant.

Robert F. Muse, Public Defender Service, for appellee Pannell.

Michael J. Walsh, appointed by this court, for appellee Dean.

Before NEWMAN, Chief Judge, and MACK and FERREN, Associate Judges.

MACK, Associate Judge:

Appellees were charged in a two count indictment with second-degree burglary (D.C.Code 1973, § 22-1801(b)) and grand larceny (D.C.Code 1973, § 22-2201). The trial court granted a pretrial motion to suppress evidence, and the United States appeals pursuant to D.C.Code 1973, § 23-104(a)(1).

At approximately six a. m. on December 20, 1976, Officer Jack Vincent discovered that a panel in the rear door of an Amvets Store near...

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