Court of Appeals for the D.C. Circuit October 10, 1963, 17861 (Carroll W. Stewart v. United States)

PER CURIAM.

Upon the appeal of a conviction for housebreaking and larceny, reversal is sought solely by reason of an alleged error of the trial judge in refusing, upon request, to charge that the jury might find appellant guilty of unlawful entry as a lesser offense necessarily included in that of housebreaking. Rule 31(c), Fed.R.Crim.P.