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MILLER v. UNITED STATES

No. 4658.

250 A.2d 573 (1969)

Benjamin Franklin MILLER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 25, 1969.

Attorney(s) appearing for the Case

John Perazich, Washington, D. C., appointed by this court, for appellant.

Julius A. Johnson, Asst. U. S. Atty., with whom David G. Bress, U. S. Atty., Frank Q. Nebeker and Daniel J. Givelber, Asst. U. S. Attys., were on the brief, for appellee.

Before FICKLING and GALLAGHER, Associate Judges, and QUINN (Associate Judge, Retired).

GALLAGHER, Associate Judge:

After a jury trial, appellant was convicted of simple assault1 and sentenced to imprisonment for ninety days. Sentence was thereupon suspended and appellant was placed on probation for six months. The sole question presented is the propriety of a ruling by the court below which resulted in appellant's exclusion from the courtroom while defense witnesses were testifying at his trial. We hold this ruling was prejudicial...

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