Johnson v. United States

KELLY, Associate Judge.

Evidence that appellant was apprehended fleeing from an alley behind a barber shop after a witness had observed three men tampering with the barber shop rear door, and that a subsequent examination of the door disclosed that the unopened outer metal grate door had been damaged while the inner wooden door had been opened, resulted in consecutive sentences of one year for attempted second-degree burglary 1 and six months for malicious destruction of property.2 We agree with appellant that factually this case calls for the application of the rule of lenity and we therefore…