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JOHNSON v. UNITED STATES

No. 8683.

356 A.2d 639 (1976)

Linwood E. JOHNSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 29, 1976.

Rehearing en Banc Granted July 30, 1976.

Attorney(s) appearing for the Case

Walter G. Birkel, Washington, D. C., appointed by the court, with whom Mac Asbill, Jr., Washington, D. C., also appointed by the court, was on the brief, for appellant.

Michael H. Gertner, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Stuart M. Gerson and John O'B. Clark, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before KELLY, YEAGLEY and MACK, Associate Judges.

KELLY, Associate Judge:

Appellant, Linwood E. Johnson, and two codefendants were convicted of the armed robbery1 of a pastry deliveryman following a jury trial. On appeal, Johnson claims that the trial judge erred in failing, sua sponte, to immediately instruct the jury on the limited admissibility of a prior inconsistent statement used to impeach one of the codefendants who testified in his behalf. Finding plain error, we reverse the...

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