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BROWN v. UNITED STATES

No. 8770.

349 A.2d 467 (1975)

James R. BROWN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 29, 1975.

Attorney(s) appearing for the Case

Wallace E. Shipp, Jr., Hyattsville, Md., appointed by this court, for appellant.

David R. Addis, Asst. U. S. Atty., for appellee. Earl J. Silbert, U. S. Atty., and John A. Terry, James F. McMullin, Charles F. Flynn, and William I. Martin, Asst. U. S. Attys., were on the brief for appellee.

Before GALLAGHER, NEBEKER and YEAGLEY, Associate Judges.

NEBEKER, Associate Judge:

On May 24, 1974, after a jury trial, appellant James R. Brown and a codefendant were found guilty of assault with intent to commit robbery.1 James Brown received a sentence of 5 to 15 years, execution of which was suspended, and 5 years' probation.

He appeals on the grounds that the trial court erred (1) in not granting a mistrial when the victim of the offense unexpectedly identified the two defendants...

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