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SMITH v. UNITED STATES

Nos. 7051, 7085.

312 A.2d 781 (1973)

John N. SMITH, Appellant, v. UNITED STATES, Appellee. James D. BRINKLEY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 14, 1973.

Attorney(s) appearing for the Case

Frederick S. Hird, Jr., Washington, D. C., appointed by this court, for appellant Smith.

Silas J. Wasserstrom, Washington, D. C., appointed by this court, for appellant Brinkley.

Joseph B. Valder, Asst. U.S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Charles J. Harkins, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before KERN, GALLAGHER and YEAGLEY, Associate Judges.

YEAGLEY, Associate Judge:

Appellants in this case, John N. Smith and James D. Brinkley, were tried jointly before a jury and convicted of armed robbery1 and assault with a dangerous weapon.2 They appeal from their convictions, jointly and separately assigning various errors which will later be discussed. We affirm Smith's conviction for armed robbery, find the assault...

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