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BARKER v. UNITED STATES

Nos. 10098, 10103.

373 A.2d 1215 (1977)

Johnny L. BARKER, Appellant, v. UNITED STATES, Appellee. Eddie L. CALLAHAM, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 25, 1977.

Rehearing and Rehearing En Banc Denied August 5, 1977.

Attorney(s) appearing for the Case

Walter C. Wallace, Washington, D.C., appointed by this court, for appellant Barker.

Joel M. Hamme, Washington, D.C., appointed by this court, with whom Dean Burch, Washington, D.C., appointed by this court, was on the brief, for appellant Callaham.

Daniel A. DeRose, Asst. U.S. Atty., Washington, D.C. with whom Earl J. Silbert, U.S. Atty., John A. Terry, William D. Pease and Michael G. Scheininger, Asst. U.S. Attys., Washington, D.C. were on the brief, for appellee.

Before KERN, GALLAGHER and MACK, Associate Judges.

KERN, Associate Judge.

The first count of the three-count indictment in this case charged that both appellants assaulted a Mr. Fluellyn with a dangerous weapon, viz., a pistol,1 and counts two and three charged each appellant, respectively, with possession of a pistol without a license.2 All three counts of the indictment rested upon an incident occurring on May 30, 1975.

The government presented...

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