Summary
In Middleton v. United States, 106 U.S. App.D.C. 50, 269 F.2d 241 (1959), the Government apparently conceded this point, but argued that defendant's acquiescence in co-defendant's attempt to provide an alibi for all the defendants was a waiver, since he might have moved for a severance.
Summary of this case from Cephus v. United StatesOpinion
No. 15113.
Argued June 16, 1959.
Decided June 25, 1959.
Mrs. Jean F. Dwyer, Washington, D.C., for appellant.
Mr. Edgar T. Bellinger, Asst. U.S. Atty., with whom Messrs. Oliver Gasch, U.S. Atty., and Carl W. Belcher, Asst. U.S. Atty., were on the brief, for appellee.
Before EDGERTON, BAZELON and FAHY, Circuit Judges.
In our opinion the circumstantial evidence on which appellant was convicted of housebreaking could not fairly be thought to prove him guilty beyond a reasonable doubt. Accordingly his motion for acquittal should have been granted, and a judgment of acquittal should now be entered.
Reversed.