NICHOLS v. UNITED STATES

Nos. 7361, 7474.

343 A.2d 336 (1975)

Benjamin I. NICHOLS, Appellant, v. UNITED STATES, Appellee. John H. WILSON, a/k/a John H. L. Wilson, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 14, 1975.


Attorney(s) appearing for the Case

John H. Pickering, Washington, D. C., appointed by this court, for appellant Nichols. Douglas G. Thompson, Jr., and Daniel D. Polsby, Washington, D. C., also were on the briefs.

Gerald M. Kane, Washington, D. C., appointed by this court, for appellant Wilson.

Joel DuBoff, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., and John A. Terry and Peter O. Mueller, Asst. U. S. Attys., were on the brief, for appellee.

Before GALLAGHER, YEAGLEY and HARRIS, Associate Judges.


HARRIS, Associate Judge:

Appellants were found guilty by a jury of the felonies of second-degree burglary, D.C.Code 1973, § 22-1801(b), and the malicious destruction of property "of the value of $200 or more", D.C.Code 1973, § 22-403. Their principal contentions on appeal are (1) that the indictment did not properly charge the felony of malicious destruction of property since it used the term "damage" rather than "value"; (2) that the evidence did not prove...

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