Benjamin E. White v. United States

DANAHER, Circuit Judge.

Appellant was convicted of housebreaking and larceny. He contends that the District Court erred in permitting police officers to testify as to certain admissions and in denying his timely motion for mistrial when the prosecutor called to the attention of the jury that the defendant had failed to take the stand. 1

About 1 P.M. on September 1, 1961, a stock clerk named Simmons was in the stockroom of Sears Roebuck & Company at 4500 Wisconsin Avenue when the appellant entered. Outside the two main doors to the stockroom were signs reading “For Employees Only.” Appellant was…