Carroll W. Stewart v. United States

Upon the appeal of a conviction for housebreaking and larceny, reversal is sought solely by reason of an alleged error of the trial judge in refusing, upon request, to charge that the jury might find appellant guilty of unlawful entry as a lesser offense necessarily included in that of housebreaking. Rule 31(c), Fed.R.Crim.P.

While in some -circumstances, as here, the elements of unlawful entry (D.C.Code § 22-3102 (1961)) are comprehended within those of housebreaking (D.C.Code § 22-1801 (1961)), the latter requires also a finding of larcenous intent. Since the jury found the appellant guilty…