Sims v. United States
Sims v. United States
Opinion of the Court
Appellant was convicted by a’ jury of destroying private property in violation of D.C.Code 1951, § 22-3112.' While several errors are alleged, the question for decision is whether the trial court was right'in denying a motion for judgment of acquittal at the conclusion of the government’s case.
The essential facts may be summarized as follows: The complainant testified that in January 1955 she was the successful bidder at a foreclosure sale of certain premises located in the District of Columbia, which sale resulted' from appellant’s being in default in the terms of the mortgage. Prior to the sale arid on two occasions thereafter she inspected the premises and noted they were in good repair. Later she was refused permission to enter the premises by appellant. In March 1955 the complainant sent a letter to appellant asserting ownership and requesting him to vacate the premises immediately. It was necessary to institute eviction proceedings, which were successfully prosecuted, and she gained possession of the premises on May 10, 1955. Upon inspection, she noticed that the property had been damaged
As has been stated many times, in considering a motion for judgment of acquittal, the court must construe the government’s evidence in the light most favorable to it and accept the same as true, giving the government the benefit of all the inferences which may be reasonably drawn therefrom and giving full effect to the right of the jury to weigh the evidence and to draw justifiable inferences from the facts.
Affirmed.
. Bates v. United States, 95 U.S.App.D.C. 57, 219 F.2d 30; Battle v. United States, 92 U.S.App.D.C. 220, 206 F.2d 440; Curley v. United States, 81 U.S.App.D.C. 389, 160 F.2d 229.
. Meyers v. United States, 84 U.S.App.D.C. 101, 113, 171 F.2d 800, 812, 11 A.L.R.2d 1; Ford v. District of Columbia, D.C.Mun.App., 102 A.2d 838, affirmed 95 U.S.App.D.C. 87, 219 F.2d 769; cf. Anderson v. District of Columbia, D.C.Mun.App., 48 A.2d 710.
.Norman v. State, 34 Ga.App. 602, 130 S.E. 217; Woods v. State, 10 Ga.App. 476, 73 S.E. 608; cf. People v. O’Brien, 404 Ill. 236, 88 N.E.2d 486.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.