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SMITH v. UNITED STATES

No. 6234.

295 A.2d 64 (1972)

Milton James SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 18, 1972.

Rehearing En Banc Denied November 10, 1972.

Attorney(s) appearing for the Case

Henry J. Monahan, Rockville, Md., appointed by this court, for appellant.

Lawrence T. Bennett, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Paul F. Healy, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before REILLY, Chief Judge, and FICKLING and PAIR, Associate Judges.

PAIR, Associate Judge:

After trial by a jury, appellant was found guilty of petit larceny1 and sentenced to imprisonment for one year. On appeal he assigns as error (1) the denial of his motion to suppress as evidence a stereo tape deck seized at the time of his arrest,2 (2) the consideration of his motion to suppress in the presence of the jury, (3) the admission into evidence of an exhibit which was not identified...

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