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NELSON v. UNITED STATES

Nos. 10216, 10519.

378 A.2d 657 (1977)

Gregory T. NELSON, Appellant, v. UNITED STATES, Appellee. Raytheal S. GARRETT, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 29, 1977.

Attorney(s) appearing for the Case

John Michael Clear, Washington, D.C., appointed by this court, with whom Jonathan D. Blake, Washington, D.C., appointed by this court, was on the brief, for appellant Nelson.

Constance T. O'Bryant, Public Defender Service, Washington, D.C., for appellant Garrett.

Lillian A. McEwen, Asst. U. S. Atty., Washington, D.C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Tobey W. Kaczensky, Asst. U. S. Attys., Washington, D.C., were on the brief, for appellee.

Before KERN, YEAGLEY and HARRIS, Associate Judges.

YEAGLEY, Associate Judge:

Appellants Nelson and Garrett challenge their convictions of second-degree burglary, D.C.Code 1973, § 22-1801(b), on the grounds that (1) they were deprived of their constitutional right to a jury trial because of one juror's temporary absence during a part of the deliberations; (2) the trial court gave an anti-deadlock charge which coerced the jurors into rendering a guilty verdict; (3) the trial court erred in denying a defense motion...

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