Montgomery v. United States

YEAGLEY, Associate Judge:

Appellant was convicted of attempted petit larceny (D.C.Code 1973, §§ 22-2202 and -103). The following is a summary of the evidence which provided the basis for his conviction. On July 16,1975, at approximately 4 p. m., a saleswoman at the Woodward & Lothrop downtown department store observed appellant and his codefend-ant, Bill Robinson, enter the linen department on the fifth floor. Robinson was carrying a folded bag under his arm. The two men proceeded to inspect the linens on display in the department. As the saleswoman stood nearby and observed, Robinson placed…