Donald Kramer v. United States

FAHY, Circuit Judge.

Appellant and his co-defendant Dewdney were jointly indicted and tried for housebreaking, Section 22-1801, D.C. Code. Dewdney was convicted and did not appeal. Appellant, also convicted on circumstantial and hearsay evidence, brings this appeal. From the circumstantial evidence the jury, although by no means obliged to do so, could have found that appellant acted as a lookout for Dewdney, who entered the premises, and was accordingly an accessory liable as a principal under Section 22-105.1 The circumstantial evidence included testimony that appellant was seen walking back…