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CARVER v. UNITED STATES

No. 7052.

312 A.2d 773 (1973)

Paul A. CARVER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 14, 1973.

Attorney(s) appearing for the Case

Bernard J. Harig, Washington, D. C., appointed by this court, for appellant.

Peter R. Reilly, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before GALLAGHER, NEBEKER and PAIR, Associate Judges.

NEBEKER, Associate Judge:

This is an appeal from a conviction for possession of dangerous drugs.1 There are two instructional errors claimed: (1) use of the missing witness instruction, and (2) instructing on "possession" to mean that only "mere custody" need be proven. We reverse and remand for a new trial on the first-claimed error and therefore do not reach the second.

In the early morning of August 20, 1972, police officers...

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