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UNITED STATES v. PENDER

No. 7007.

309 A.2d 492 (1973)

UNITED STATES, Appellant, v. Charles L. PENDER, Appellee.

District of Columbia Court of Appeals.

Decided September 19, 1973.

Attorney(s) appearing for the Case

John C. Lenahan, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and John S. Ransom, Asst. U. S. Attys., were on the brief, for appellant.

Joel M. Finkelstein, Washington, D. C., for appellee.

Before FICKLING, PAIR and HARRIS, Associate Judges.

FICKLING, Associate Judge:

The government appeals from the dismissal without prejudice of a one-count indictment charging appellee Charles L. Pender with manslaughter in violation of D.C.Code 1967, § 22-2405.* We affirm.

The indictment charges that:

On or about August 11, 1972, within the District of Columbia, Charles L. Pender feloniously, wantonly and with gross negligence, shot Gregory Coleman with a gun, thereby...

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