United States v. Paul Merville Prejean
Court of Appeals for the Fifth Circuit
1Opinion of the Court
THORNBERRY, Circuit Judge:
In this direct criminal appeal Prejean challenges his conviction for burglarizing a house on a military reservation in violation of the Assimilative Crimes Act. 1 After careful examination of the case, we conclude that the evidence fails to substantiate the indictment’s burglary accusation, and we reverse.
I
Viewing the evidence in the light most favorable to the Government, the operative facts are as follows. Michael O’Toole, age fifteen, lived with his parents in a house located on the grounds of Fort Bliss, near El Paso, Texas. Michael and his friend P. H. Smith…
Also in this document: Concurrence.
2Cases cited13 opinions
- Stirone v. United StatesSupreme Court of the United States · 1960
- Ex Parte BainSupreme Court of the United States · 1887
- Bowie v. StateCourt of Criminal Appeals of Texas · 1966
- United States v. Verland L. BeardCourt of Appeals for the Fifth Circuit · 1971
- Stallworth v. StateCourt of Criminal Appeals of Texas · 1958
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3Cited by23 opinions
- United States v. Walter T. BestCourt of Appeals for the Ninth Circuit · 1978
- United States v. Gennie Lynn BrownCourt of Appeals for the Fifth Circuit · 1979
- United States v. Charles E. MayberryCourt of Appeals for the Tenth Circuit · 1985
- United States v. Richard Lee Fesler, Jr. And Deborah Ruth FeslerCourt of Appeals for the Fifth Circuit · 1986
- United States v. Harold W. SainCourt of Appeals for the Tenth Circuit · 1986
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