United States v. Pendergrast

PAIR, Associate Judge:

The government appeals 1 from an order of the trial court holding insufficient and dismissing without prejudice the third count of an indictment which charged that “[on] or about August 13, 1972, within the District of Columbia, Willie E. Pender-grast broke open, opened, and entered without right a juke box, with intent to carry away a part of such device, and something contained therein.” [Emphasis supplied.]

The above-quoted language purports to charge appellee with a violation of D.C. Code 1973, § 22-3427, which provides:

Whoever in the District of Columbia breaks open,…