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BUTLER v. UNITED STATES

No. 7411.

322 A.2d 279 (1974)

John L. BUTLER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 19, 1974.

Attorney(s) appearing for the Case

Allan M. Palmer, Washington, D. C., appointed by this court, for appellant.

William I. Martin, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before FICKLING, KERN and GALLAGHER, Associate Judges.

PER CURIAM:

Appellant was indicted and tried for first degree murder (D.C.Code 1973, § 22-2401). The jury returned a second degree murder verdict (D.C.Code 1973, § 22-2403). Appellant claims that prejudicial error was committed when certain testimony was allowed into evidence.

During the trial appellant's daughter was permitted to testify, over objection, that she had stated to appellant immediately following the killing "that he [appellant] threatened...

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