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Middleton v. United States

United States Court of Appeals, District of Columbia Circuit
Jun 25, 1959
269 F.2d 241 (D.C. Cir. 1959)

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 States

Opinion

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.


Summaries of

Middleton v. United States

United States Court of Appeals, District of Columbia Circuit
Jun 25, 1959
269 F.2d 241 (D.C. Cir. 1959)

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 States
Case details for

Middleton v. United States

Case Details

Full title:Oliver J. MIDDLETON, Appellant, v. UNITED STATES of America, Appellee

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Jun 25, 1959

Citations

269 F.2d 241 (D.C. Cir. 1959)

Citing Cases

Cephus v. United States

We think the waiver doctrine cannot fairly be applied in this situation. In Middleton v. United States, 106…