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SCHAFER v. U.S.

No. 93-CM-1631.

656 A.2d 1185 (1995)

Mark F. SCHAFER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 17, 1995.

Attorney(s) appearing for the Case

Kenneth A. Lazarus, Washington, DC, for appellant.

Gregory A. Gruber, Asst. U.S. Atty., with whom Eric H. Holder, Jr., U.S. Atty., John R. Fisher and Roy W. McLeese III, Asst. U.S. Attys., Washington, DC, were on the brief, for appellee.

Before FERREN and SCHWELB, Associate Judges, and REILLY, Senior Judge.

REILLY, Senior Judge:

From a conviction for taking property without right—a misdemeanor under D.C.Code § 22-38161—we are urged to set aside the judgment and the probationary sentence on the ground that there was a lack of evidence proving that appellant knowingly took the property of another person—an essential element of the offense—and therefore the trial court erred in affirming the findings of the commissioner...

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