United States v. Ronald E. Yates

Defendant Ronald Yates appeals from his conviction of first-degree burglary. Finding merit in one of his three claims of error, we reverse his conviction.

I

In the early morning hours of September 3, 1971, Mrs. Marian Priest was awakened by noises on the first floor of her house at 522 6th Street, S.E. She went downstairs to investigate. By the light of the kitchen and utility rooms, she saw a man 12-14 feet away, in the utility room, backing out the rear door. She watched him for 7 — 10 seconds while he placed what she described as an ungloved hand on the door knob, opened the door and left;…