ROANE v. UNITED STATES

No. 80-465.

432 A.2d 1218 (1981)

Andrew M. ROANE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 10, 1981.


Attorney(s) appearing for the Case

Albert A. Rapoport, Washington, D. C., appointed by this court, for appellant.

Charles F. C. Ruff, U. S. Atty., Washington, D. C., with whom John A. Terry, Richard W. Goldman and Michael W. Farrell, Asst. U. S. Attys., Washington, D. C., were on brief for appellee.

Before MACK and FERREN, Associate Judges, and YEAGLEY, Associate Judge, Retired.


PER CURIAM:

A jury convicted appellant, Andrew M. Roane, of second-degree burglary. D.C. Code 1973, § 22-1801(b). Appellant contends that the trial court erred in failing to instruct the jury, as requested, on the lesser-included offense of unlawful entry. Id. § 22-3102. Because there was evidence from which a jury reasonably could have found appellant guilty of unlawful entry, we hold that the trial court erred in refusing to give the requested instruction...

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