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HARRIS v. UNITED STATES

Nos. 10137, 10219.

373 A.2d 590 (1977)

Edward F. HARRIS, Appellant, v. UNITED STATES, Appellee. Gaither SPENCER, a/k/a Walter Spencer, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 5, 1977.

Attorney(s) appearing for the Case

John A. Shorter, Jr., Washington, D. C., appointed by this court, with whom Bernadette Gartrell, Washington, D. C., also appointed by this court, was on the brief, for appellant in No. 10137.

Charles A. Kubinski, Washington, D. C., appointed by this court, for appellant in No. 10219.

Daniel A. DeRose, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and Lawrence H. Wechsler, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before KELLY, FICKLING and GALLAGHER, Associate Judges.

GALLAGHER, Associate Judge:

After a jury trial appellants were both found guilty of felony murder (D.C.Code 1973, § 22-2401), second-degree murder (D.C.Code 1973, § 22-2403), attempted first-degree burglary while armed (D.C.Code 1973, §§ 22-1801(a), -3202), and conspiracy to commit an assault with a dangerous weapon (D.C.Code 1973, § 22-105a). The convictions arose out of the shooting death of Lewis Sissler.

The night before the shooting...

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