James v. United States, 11504.
| Decision Date | 21 May 1953 |
| Docket Number | No. 11504.,11504. |
| Citation | 92 US App. DC 275,204 F.2d 733 |
| Parties | JAMES v. UNITED STATES. |
| Court | U.S. Court of Appeals — District of Columbia Circuit |
Messrs. Kenneth D. Wood and James K. Hughes, Washington, D. C., submitted on the brief for appellant.
Messrs. Charles M. Irelan, U. S. Atty., Washington, D. C., at the time the case was submitted, Thomas A. Flannery, William R. Glendon, William J. Peck and Samuel J. L'Hommedieu, Jr., Asst. U. S. Attys., Washington, D. C., submitted on the brief for appellee. Mr. Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., at the time record was filed, and Mr. William E. Kirk, Jr., Asst. U. S. Atty., Washington, D. C., at the time brief was filed, also entered appearances for appellee.
Before EDGERTON, CLARK and FAHY, Circuit Judges.
Appellant was convicted of entering a store with intent to steal, and of maliciously destroying property. His principle contentions are (1) that the officers who arrested him without a warrant had no probable cause to believe he had committed a felony, and therefore the evidence taken from him was illegally seized and should have been suppressed; and (2) the evidence presented at the trial was insufficient to convict. We find no error.
Affirmed.
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United States v. Kearney
...the requisite intent is proved. United States v. Whitaker, supra, 144 U.S.App.D.C. at 346, 447 F.2d at 316; See James v. United States, 92 U.S.App.D.C. 275, 204 F.2d 733 (1953).8 In fact, the weight of authority in the United States holds that consent to enter is not a defense to the charge......
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Chambers v. Tobin, 11483.
...92 US App. DC 274, 204 F.2d 732 (1953) ... No. 11483 ... United States Court of Appeals District of Columbia Circuit ... Submitted March ... ...