Earl R. Cephus v. United States

BAZELON, Chief Judge.

Appellant and a co-defendant were indicted for unauthorized use of a motor vehicle (D.C.Code § 22-2204). In a joint trial the court denied appellant’s motion for acquittal at the close of the Government’s case.1 Thereafter the co-defendant, testifying on his own behalf, related facts tending to prove his own innocence and appellant’s guilt. Appellant then called two witnesses — his wife, who provided an alibi, and his mother, who sought to impeach the co-defendant. The jury found both defendants guilty, and appellant was sentenced to imprisonment for sixteen months to…