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LOFTY v. UNITED STATES

No. 5434.

277 A.2d 99 (1971)

Kim Ellery LOFTY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 10, 1971.

Attorney(s) appearing for the Case

Peter H. Wolf, Washington, D. C., for appellant.

Jerome Wiener, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Robert C. Crimmins, Asst. U. S. Attys., were on the brief, for appellee.

Before HOOD, Chief Judge, and PAIR and YEAGLEY, Associate Judges.

PAIR, Associate Judge:

This appeal is from judgments of conviction for attempted burglary in the second degree, D.C.Code 1967, § 22-1801(b) (Supp. III, 1970), and unlawful entry, D.C.Code 1967, § 22-3102.

The appeal raises several questions, the most important of which is whether plain error was committed when the trial judge failed to give, sua sponte, an immediate cautioning instruction as to the limited purpose for which prior inconsistent extra...

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