WEST v. UNITED STATES

No. 9252.

346 A.2d 504 (1975)

James N. WEST, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 15, 1975.

Rehearing en Banc November 28, 1975.


Attorney(s) appearing for the Case

Richard Seldin, Washington, D. C., appointed by this court, for appellant.

Joseph Guerrieri, Jr., Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, James F. McMullin and Donald L. Abrams, Asst. U. S. Attys., were on the brief, for appellee.

Before FICKLING and NEBEKER, Associate Judges, and PAIR, Associate Judge, Retired.


FICKLING, Associate Judge:

This is an appeal from a contempt conviction based on appellant's failure to return to court after a lunch recess during a trial in which he was the defendant. Because this court is without jurisdiction to decide the case, the appeal is dismissed.

On November 14, 1974, a trial was begun in Superior Court in which the appellant was charged with petit larceny. During the morning of the following day, both sides rested and the case...

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