United States v. William D. Henderson

This is an appeal from a judgment entered following a conviction for grand larceny (22 D.C.Code § 2201) and burglary in the second degree (22 D.C.Code § 1801(b), Supp. II 1968). Appellant was sentenced to two to nine years imprisonment on each conviction, the sentences imposed to run concurrently.

We have no doubt that the conviction for burglary II should be affirmed. Appellant raises a claim of double jeopardy. A previous trial resulted in a mistrial due to conduct of the prosecutor in announcing in the presence of the jury that he was calling appellant’s mother as a rebuttal witness.…