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FLUDD v. UNITED STATES

No. 6644.

336 A.2d 539 (1975)

Allen L. FLUDD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 22, 1975.

Attorney(s) appearing for the Case

Roger A. Finzel, Washington, D. C., appointed by the court, amicus curiae, was on the brief for appellant.

Harold H. Titus, Jr., U. S. Atty., John A. Terry, John F. Finnegan, Jr. and Douglass J. McCollum, Asst. U. S. Attys., were on the brief for appellee.

Before KELLY, FICKLING and KERN, Associate Judges.

KELLY, Associate Judge:

Appellant was convicted by a jury of Burglary II (D.C. Code 1973, § 22-1801(b)) and petit larceny (D.C. Code 1973, § 22-2202). On appeal, through an amicus, he challenges the validity of the several identifications made of him by the complainant; the court's use of the word "defendant" rather than "person" in one portion of an identification instruction, and the court's refusal to sentence...

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