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ALBANY v. UNITED STATES

No. 11188.

377 A.2d 1145 (1977)

Herbert ALBANY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 20, 1977.

Attorney(s) appearing for the Case

Charles Rosenbleet, Washington, D. C., for appellant.

Edward D. Ross, Jr., Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, William D. Pease, and Martin J. Linsky, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before KERN, NEBEKER and MACK, Associate Judges.

NEBEKER, Associate Judge.

Appellant appeals his second-degree murder conviction. It arose from a shooting on 14th Street, N.W. from circumstances reflecting that the victim had earlier robbed appellant to recover money paid for what turned out to be "bad" heroin, thus supplying a motive. The only identifying witness — one Rufus Waters — saw appellant shoot the victim. Before trial, the prosecution disclosed that four years earlier Waters had been ordered...

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