Willis C. Washington v. United States

Under an indictment containing two counts appellant was convicted of unlawful entry, a violation of § 22-1801, D. C.Code, 1951, first count, and of possession of implements of crime, namely, two *358crowbars, a violation of § 22-3601, D.C. Code, 1951, second count.

In Benton v. United States, 98 U.S.App.D.C.—, 232 F.2d 341, recently decided, we have held section 22-3601 to be unconstitutional in its application to such tools as are here involved. The conviction on the second count of the indictment, therefore, cannot be affirmed. With respect, however, to the unlawful entry count, we find no error…