Legal Opinion

Matthews v. United States

District of Columbia Court of Appeals

Decided April 25, 1969No. 4739PublishedCited by 28 opinions

1Opinion of the Court

FICKLING, Associate Judge:

Appellant was convicted by a jury of petit larceny, D.C.Code 1967, § 22-2202, and was found not guilty of simple assault, D.C. Code 1967, § 22-504.

After the foreman announced the jury’s verdict, defense counsel requested that the jury be polled as to the petit larceny. When their names were called, eleven of the jurors simply answered “Guilty.” When the ninth juror was polled, however, the following colloquy took place:

Deputy Clerk: Sarah I. Stackhouse.

Stackhouse: Guilty. Your Honor, can I ask about the pettit [sic] larceny?

Court: That is all, either guilty or not…

2Cases cited5 opinions

  1. John Sydney Cook, Jr. v. United StatesCourt of Appeals for the Fifth Circuit · 1967
  2. Bruce v. Chestnut Farms-Chevy Chase DairyCourt of Appeals for the D.C. Circuit · 1942
  3. Arthur A. Williams v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  4. State v. AustinWisconsin Supreme Court · 1858
  5. 2300 Restaurant, Inc. v. CavellDistrict of Columbia Court of Appeals · 1958

3Cited by28 opinions

  1. United States v. MorrisCourt of Appeals for the Tenth Circuit · 1979
  2. United States v. James McCoyCourt of Appeals for the D.C. Circuit · 1970
  3. John Lee Sincox v. United StatesCourt of Appeals for the Fifth Circuit · 1978
  4. Lucien v. Amos v. United StatesCourt of Appeals for the Eighth Circuit · 1974
  5. United States v. Charles W. SextonCourt of Appeals for the Fifth Circuit · 1972

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