SMITH v. UNITED STATES

No. 8112.

343 A.2d 40 (1975)

Kenneth SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 14, 1975.


Attorney(s) appearing for the Case

Linda Kay Davis, Washington, D. C., for appellant. Nan C. Bases, Washington, D. C., was appointed by the court for appellant. Warren C. Nighswander, Washington, D. C., entered an appearance for appellant.

Michael A. Pace, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, James F. McMullin and Peter O. Mueller, Asst. U. S. Attys., were on the brief, for appellee.

Before REILLY, Chief Judge, and KELLY and YEAGLEY, Associate Judges.


KELLY, Associate Judge:

Appellant was convicted by a jury of assault with a dangerous weapon (D.C.Code 1973, § 22-502). He alleges on appeal that the trial judge erred (1) by denying his motion for acquittal at the close of the government's case; (2) by failing to give a jury instruction on witness identification even though defense counsel specifically declined to request it; and (3) by denying his request for a missing witness jury instruction.

At approximately...

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