United States v. Roy L. Thomas, Jr.

MacKINNON, Circuit Judge:

This appeal arises from a conviction of statutory burglary (first degree) under the laws of the District of Columbia. The principal issue raised involves the specific intent required for that offense. Appellant contends that the specific intent required by the statute was not properly alleged in the indictment, proved by the evidence or covered by the court’s instructions to the jury. We do not reach the two latter issues since we find the indictment to be defective to charge the offense of first degree burglary. 1 However, we find that the indictment did charge…