Legal Opinion

Barnes v. United States

District of Columbia Court of Appeals

Decided December 28, 1973No. 7404PublishedCited by 7 opinions

1Opinion of the Court

FICKLING, Associate Judge:

Appellant Melvin H. Barnes, Sr., was convicted after a jury trial of violating D.C.Code 1973, § 22-2205 (receiving stolen property the value of $100 or upward). 1 On appeal his main contentions are that the trial court erred in denying (1) his motion for judgment of acquittal and (2) his proposed jury instructions. 2 After careful consideration we find these contentions without merit. We do find it necessary, however, to remand for resen-tencing.

In the spring of 1972, Forman Bros., Inc., a wholesale liquor distributor, was experiencing heavy losses from thefts. To…

2Cases cited11 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. United States v. CohenCourt of Appeals for the Third Circuit · 1921
  3. Benny Wigfall v. United StatesCourt of Appeals for the D.C. Circuit · 1956
  4. United States v. Robert S. Egger, United States of America v. Joseph LaceyCourt of Appeals for the Ninth Circuit · 1972
  5. Collins v. United StatesDistrict of Columbia Court of Appeals · 1945

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3Cited by7 opinions

  1. United States v. Raymond Walter MonasterskiCourt of Appeals for the Sixth Circuit · 1977
  2. United States v. DoveCourt of Appeals for the Fourth Circuit · 1980
  3. United States v. John MuziiCourt of Appeals for the Second Circuit · 1982
  4. Carmichael v. United StatesDistrict of Columbia Court of Appeals · 1976
  5. Watts v. United StatesDistrict of Columbia Court of Appeals · 1974

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