Wheeler v. United States

D.C. Circuit

Wheeler v. United States

190 F.2d 663, 89 U.S. App. D.C. 143, 1951 U.S. App. LEXIS 2475

CourtCourt of Appeals for the D.C. Circuit

DecidedJune 21, 1951

Docket10859

StatusPublished

Cited by11 cases

This text of 190 F.2d 663 (Wheeler v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wheeler v. United States, 190 F.2d 663, 89 U.S. App. D.C. 143, 1951 U.S. App. LEXIS 2475 (D.C. Cir. 1951).

Pincite

Opinion

PER CURIAM.

This is an appeal from a conviction in the United States District Court for the District of Columbia for impersonating a police officer pursuant to D.C.Code, § 22-1306 (1940) and grand larceny pursuant to D.C.Code, § 22-2201 (1940). The appellant assigns two errors on this appeal.

The first contention of the appellant is that the trial court failed to adequately instruct the jury on the elements of the crime of impersonating a police officer. The trial court read § 22-1306 of the D.C. Code (1940) to the jury as part of the instructions. This was sufficient. The language of this statute is clear and concise; it contains no words which are obscure, ambiguous or which are used in some restricted, special, or technical sense which the average layman cannot be expected to understand.

The other contention made by the appellant is that since an acquittal on the first count of the indictment, of necessity would have required an acquittal on the second count, the trial court erred in instructing the jury they could convict on count two even if they acquitted on count one. The Government concedes that the record here on appeal is insufficient to determine whether on the facts the appellant could have committed grand larceny without having committed the offense of false impersonation of a police officer. But even if the appellant’s contention be correct he was not prejudiced by the instruction given as the jury did in fact find him guilty of both offenses. The error, if it was error, was harmless. Under Rule 52(a) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., we feel the error did not affect the substantial rights of the appellant, and it should be disregarded.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

This is an appeal from a conviction in the United States District Court for the District of Columbia for impersonating a police officer pursuant to D.C.Code, § 22-1306 (1940) and grand larceny pursuant to D.C.Code, § 22-2201 (1940). The appellant assigns two errors on this appeal.

The first contention of the appellant is that the trial court failed to adequately instruct the jury on the elements of the crime of impersonating a police officer. The trial court read § 22-1306 of the D.C. Code (1940) to the jury as part of the instructions. This was sufficient. The language of this statute is clear and concise; it contains no words which are obscure, ambiguous or which are used in some restricted, special, or technical sense which the average layman cannot be expected to understand.

The other contention made by the appellant is that since an acquittal on the first count of the indictment, of necessity would have required an acquittal on the second count, the trial court erred in instructing the jury they could convict on count two even if they acquitted on count one. The Government concedes that the record here on appeal is insufficient to determine whether on the facts the appellant could have committed grand larceny without having committed the offense of false impersonation of a police officer. But even if the appellant’s contention be correct he was not prejudiced by the instruction given as the jury did in fact find him guilty of both offenses. The error, if it was error, was harmless. Under Rule 52(a) of the Federal Rules of Criminal Procedure, 18 U.S.C.A., we feel the error did not affect the substantial rights of the appellant, and it should be disregarded.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

190 F.2d 663, 89 U.S. App. D.C. 143, 1951 U.S. App. LEXIS 2475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-united-states-cadc-1951.

Opinion

Related

Cite This Page — Counsel Stack