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O'DELL v. UNITED STATES

No. 3908.

221 A.2d 443 (1966)

Ronald O'DELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 14, 1966.

Attorney(s) appearing for the Case

William J. Garber, Washington, D. C., for appellant.

Frank Q. Nebeker, Asst. U. S. Atty., with whom David G. Bress, U. S. Atty., and Arthur L. Burnett, Asst. U. S. Atty., were on the brief, for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

HOOD, Chief Judge.

Appellant, together with four other defendants, was charged with assault.1 A jury found appellant guilty but acquitted the others. The only claim of error relates to the legality of the procedure at time of sentencing. The record shows that immediately after the return of the verdict, the following occurred:

"THE COURT: With respect to the defendant O'Dell — which one is O'Dell? The others may step back...

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