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SMITH v. UNITED STATES

No. 2832.

173 A.2d 739 (1961)

Lawrence E. SMITH, Appellant, v. UNITED STATES, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided September 15, 1961.

Attorney(s) appearing for the Case

Diana K. Powell, Washington, D. C., for appellant.

Robert Brewer Norris, Asst. U. S. Atty., Washington, D. C., with whom David C. Acheson, U. S. Atty., and Charles T. Duncan, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before HOOD, and QUINN, Associate Judges, and SMITH, Chief Judge of The Municipal Court for the District of Columbia, sitting by designation.

SMITH, Judge.

This is an appeal from a conviction for unlawful entry under Code 1951, 22-3102 (Supp. VIII).

A police officer at about 1:50 a. m. heard a burglar alarm coming from a television company. Upon investigation he noticed two negro males fleeing from the area in the rear of the premises. At the time he was approximately twenty-five feet from the subjects and immediately gave chase. As the fleeing suspects passed under a street light, the officer observed...

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