Brandon v. United States

HOOD, Chief Judge:

This appeal raises the single question of the validity of the length of sentence imposed upon appellant after his conviction by a jury of petit larceny. The question arises from the following occurrence.

After opening statement by the prosecuting attorney, the court called counsel to the bench and inquired if appellant had previously been convicted of petit larceny. The prosecuting attorney stated he believed that to be a fact, and defendant’s counsel said: “Either that or an attempt.” The prosecuting attorney then apparently produced some unidentified paper. The following…