U.S. Court of Appeals for the D.C. Circuit, 1965

Theodore Wood v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided April 20, 1965 · Bazelon, Fahy, McGowan, Per Curiam

344 F.2d 548 (Federal Reporter, Second Series)

Counsel

Mr. Ira S. Siegler, Washington, D. C. (appointed by this court), for appellant., Miss Julia P. Cooper, Atty., Dept, of Justice, with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Cases that cite this one

5 later published cases cite this decision.

United States v. Lamont S. Carter, United States of America v. Jerome R. Patterson, United States of America v. Jerome R. Patterson (D.C. Cir. 1975)
White v. United States (D.C. 1973)
Willie E. Pendergrast v. United States (D.C. Cir. 1969)
Green v. United States (D.C. 1969)
George E. Creighton v. United States (D.C. Cir. 1968)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

This is an appeal from a conviction for housebreaking and petty larceny. Testimony at trial established that someone had entered the robbed home— either through the opened second-floor skylight or by breaking a lock on the backyard gate — and had removed a television set, some clothing and a ring. Appellant’s sister, who lived next door to the robbed home, testified that appellant brought a television set to her house at approximately noon on February 27, 1964. Others testified that the theft took place at that time, and that it was the stolen television set which appellant took to his sister’s. Since there was testimony that appellant possessed stolen property so near to the time and place of the theft, the jury may infer guilt both of larceny and housebreaking. Edwards v. United States, 78 U.S.App.D.C. 226, 139 F.2d 365, cert. denied, 321 U.S. 769, 64 S.Ct. 523, 88 L.Ed. 1064 (1944); Wright v. United States, 89 U.S.App.D.C. 70, 189 F.2d 699 (1951); McNamara v. Henkel, 226 U.S. 520, 33 S.Ct. 146, 57 L.Ed. 330 (1913). See McAbee v. United States, 111 U.S.App.D.C. 74, 294 F.2d 703, cert. denied, 368 U.S. 961, 82 S.Ct. 406, 7 L.Ed.2d 392 (1961).

Affirmed.

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