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BRAXTON v. UNITED STATES

Nos. 12412, 12415 and 12481.

395 A.2d 759 (1978)

Gene A. BRAXTON, Appellant, v. UNITED STATES, Appellee. Calvin L. BRAXTON, Appellant, v. UNITED STATES, Appellee. Darnell L. WASHINGTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 25, 1978.

Attorney(s) appearing for the Case

Kenneth M. Trombly, Washington, D. C., appointed by this court, for appellant Calvin L. Braxton.

Robert Case Liotta, Washington, D. C., appointed by this court, for appellant Eugene A. Braxton.

O. B. Parker, Washington, D. C., appointed by this court, for appellant Darnell L. Washington.

Henry F. Greene, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry and John P. Hume, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and NEBEKER and MACK, Associate Judges.

NEBEKER, Associate Judge:

Appellants were charged with murder in the second degree while armed. D.C.Code 1973, §§ 22-2403, -3202. During the course of their four-day trial by jury, the trial judge declared a mistrial as to each appellant. Their cases were reassigned to another judge for re-trial, and their several motions for dismissal upon double jeopardy grounds were denied. Those denials are the subjects of these appeals. The issues presented are whether...

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