Smith v. United States

HOOD, Chief Judge:

This appeal is from a conviction of unlawful entry in violation of D.C.Code 1967, § 22-3102. 1

Appellant was found near midnight by a police officer within a construction site completely enclosed by three locked gates and mesh chain link fence topped by barbed wire. The officer testified that, responding to a burglar alarm, he scaled the fence after seeing an individual inside and, following a chase, caught appellant in a hole with construction equipment in his hands and alongside him. It was later established that a trailer on the site had earlier been broken into and this…