U.S. Court of Appeals for the D.C. Circuit, 1959

Oliver J. Middleton v. United States

Oliver J. Middleton v. United States
U.S. Court of Appeals for the D.C. Circuit · Decided June 25, 1959 · Edgerton, Bazelon, Fahy
269 F.2d 241; 106 U.S. App. D.C. 50; 1959 U.S. App. LEXIS 3585 (Federal Reporter, Second Series)

Counsel

Mrs. Jean F. Dwyer, Washington, D. C., for appellant., Mr. Edgar T. Bellinger, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Oliver J. Middleton v. United States

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Opinion

PER CURIAM.

In our opinion the circumstantial evidence on which appellant was convicted of housebreaking could not fairly be thought to prove him guilty beyond a reasonable doubt. Accordingly his motion for acquittal should have been granted, and a judgment of acquittal should now be entered.

Reversed.

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