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UNITED STATES v. BRAMAN

No. 8719.

327 A.2d 530 (1974)

UNITED STATES, Petitioner, v. The Honorable Leonard BRAMAN, Respondent.

District of Columbia Court of Appeals.

Decided October 18, 1974.

Rehearing and Rehearing en Banc Denied December 11, 1974.

Attorney(s) appearing for the Case

Earl J. Silbert, U. S. Atty., with Carl S. Rauh, Henry F. Greene, John A. Terry, A. Shuker, John F. Evans, Percy H. Russell, Jr., Hetherton and David R. Addis, Asst. U. S. Attys., were on the petition, for petitioner.

Peter Weisman, Washington, D. C., was on the statement of respondent in response to the petition.

Charles W. Daniels was on the answer to the petition for John Griffin.

Before KERN and YEAGLEY, Associate Judges, and PAIR, Associate Judge, Retired.

PER CURIAM:

This case comes to us on a petition for a writ of mandamus by the government following the grant of a new trial to one of the defendants in a murder conspiracy case on grounds which the government asserts were not raised by that defendant's new trial motion. After review of the record before us we conclude the trial court's action was the grant of a new trial on grounds of prejudicial joinder, a nonappealable order and beyond our reach at this time unless...

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