United States v. Harold W. Barbour

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was tried before a jury in the District Court upon an indictment charging housebreaking 1 and grand larceny 2 consisting in the theft of a console from an apartment. The tenant thereof, Juanita A. Young, testified that she left the apartment about 4:30 p. m. on March 11, 1967, and that her combination radio-television-phonograph was stolen during her absence. 3 A 12-year old boy testified that he saw appellant roll the console out of the apartment into a truck and ride away. 4 *The defense was an alibi, predicated on testimony by two…