Gay v. United States

Mr. Justice Douglas, with whom Mr. Justice Brennan, Mr. Justice Stewart, and Mr. Justice Marshall concur,

dissenting.

Petitioner was convicted of larceny. The District of Columbia Court of Appeals reversed. 241 A. 2d 446. The United States Court of Appeals reversed the latter court, 133 U. S. App. D. C. 337, 410 F. 2d 1036, and remanded the case to the District of Columbia Court of Appeals for a ruling on the propriety of the trial court’s instruction. That court held that the instructions had not been prejudicial, 259 A. 2d 593, and the United States Court of Appeals affirmed. Thereafter…