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HAYNES v. UNITED STATES

No. 7438.

318 A.2d 901 (1974)

Eddie L. HAYNES, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 30, 1974.

Attorney(s) appearing for the Case

Robert B. Yorty, Washington, D. C., appointed by this court, for appellant.

Julius A. Johnson, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry and John S. Ransom, Asst. U. S. Attys., were on the brief, for appellee.

Before KERN and YEAGLEY, Associate Judges, and HOOD, Chief Judge, Retired.

YEAGLEY, Associate Judge:

This appeal is from a conviction for carrying a concealed weapon without a license.1 The sole issue raised is the propriety of the giving of a missing witness instruction by the trial court, and the remarks of government counsel in his summation to the jury as to the inference to be drawn from the witness' absence.

We find that the giving of the missing witness instruction was, under the circumstances...

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