United States v. Mullen

MEMORANDUM ORDER

KELLAM, District Judge.

Defendant was tried before a jury upon a charge that he did break and enter a certain building housing First and Second Class Petty Officers Mess Open, U. S. Naval Air Station, Oceana, with intent to commit larceny (Title 18, Section 13, U.S.C.A. and Title 18.1, Section 89, Code of Virginia, 1950, as amended). The jury returned a verdict of guilty. Defendant moved the Court to set aside the verdict and enter judgment of acquittal. The motion Challenges the sufficiency of the evidence to support the verdict.

Much of the evidence was circumstantial. Briefly…