Evening star., 1953-09-12
Rover Would Plug
Crime Code Loopho|e
On Armed Robbery
By w. G. PoIIord

ny W. NJ OHOI0
The Districts law providing
for greater penalties for persons
using firearms in committing
crimes of violence does not ap-
ply to robbery, it was conceded
yesterday by United States At
torney Leo A. Rover.
Paradoxically, the law pro-
vides for a greater penalty for
a person attempting to commit
a robbery with a gun than it
does in a case where the robbery
actually is conSumated with the
use of a gun.
Mr.. Rover thinks the section
of the District Code involved
should be amended to include
robbery by violence.
The situation came to light
yesterday when the Government,
represented by Assistant United
States Attorney Victor G. Caputy,
conceded that part of the word
ing in four robbery indictments
against a man was "surplusage. "
The wording accusing the man,
Rudolph w. Pitt, 26, colored, of
the 2400 block of Virginia ave-
nue. NV, Of four robberies
charged that while he was COM
mitting them he was then and
there armed with a pistol"
Pistol Reference Stricken.
The reference to the pistol was
ordered stricken by Judge Lu-
ther w. Youngdahl of the u. S.
District Court for the District
of Columbia, when the prosecu-
tor conceded it was "surplusage. !"
Defense counsel had asked that
the wording. be deleted.
The ruling leaves Pitt open
for trial on four robbery charges,
but not with the use of a pistol,
insofar as the penalty upon con-
viction is concerned.
In pointing out the peculiar
twist to the law, Mr.. Rover ex-
planned how the word robbery
had been left out in the law
providing for stepped-up penal
ties for persons committing
crimes of violence either with a
f1rearm, Or having readily avail
able any pistol or other fire
arms"
The maximum penalty for rob-
hery is Is years. The same pen
atty applies for assault with in
tent to commit robbery. The
law for stepped-up penalties,
however, provides for an addi-
tional five years for a person
convicted the first time of as
sault with intent to commit rob-
berry with a gun. For the Sec
ond offense of assault with in
tent to commit robbery with a
gun, the law provides for an
additional 10 years; for the third
offense, an additional IS years,
and for the fourth offense, 80
years more.
Omits Robbery.
The hitch is in the wording
of the District law in listing
crimes of violence. It lists
murder, manslaughter. rape,
mayhem, disfguring another,
abduction, kidnapping, burglary,
housebreaking, larceny. assault
with intent to kill, assault with
intent to commit rape, assault
with intent to commit rob-
berry :"
The law, however, does not
name robbery alone.
This led Mr.. Rover to declare
"a study has convinced us
that there is no such thing as
armed robbery in so far as added
penalty is concerned" He then
explained that testimony as to
armed robbery is admissible as
evidence, but would have no
bearing toward providing for ad-
ditional penalty,
"I think undoubtedly the Sec
ton should be amended to in
clude robbery by violence land
where a gun is used, Mr.. Rover
declared.
There have been only a few
sentences in the past where more
than the regular S to Is years
have been given in robbery cases
even where firearms were used
court attaches said. There is q
possibility that some of those
cases might be called up for re-
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