Fussell v. United States

NEBEKER, Associate Judge:

Following a nonjury trial, appellant was convicted of taking property without right in violation of D.C.Code § 22-3816 (1985 Supp.). On appeal, he claims that the evidence is insufficient to support his conviction. We agree and reverse.

The government’s evidence at trial showed that appellant approached Officer Anthony Tisdale, a member of the casual clothes section of the Metro Transit Police, and asked him if he would like to purchase a Metro flash pass. 1 Appellant represented that the pass was good for bus transportation and that it was worth twenty dollars, but…