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HILL v. UNITED STATES

Nos. 9563, 9573.

367 A.2d 110 (1976)

Cecil S. HILL, Appellant, v. UNITED STATES, Appellee. Reginald N. NESBY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 10, 1976.

Rehearing Denied January 7, 1977.

Attorney(s) appearing for the Case

D. S. Sastri, Washington, D.C., appointed by the court, for appellant Hill.

David J. Ontell, appointed by the court, Washington, D. C., for appellant Nesby.

Douglas J. Behr, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., John A. Terry, William D. Pease and Charles E. Wagner, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before KELLY, GALLAGHER and NEBEKER, Associate Judges.

KELLY, Associate Judge:

In this appeal from convictions by a jury of armed robbery, robbery and assault with a dangerous weapon in violation of D.C. Code 1973, §§ 22-2901, -3202 and -502, appellants allege that the trial court erroneously (1) failed to declare a mistrial after the prosecutor allegedly made improper and prejudicial remarks to the jury concerning the health of the complaining witness and the circumstances surrounding appellant Nesby's identification...

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