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WALLER v. UNITED STATES

Nos. 10881, 10924 and 10964.

389 A.2d 801 (1978)

Dewayne WALLER, Appellant, v. UNITED STATES, Appellee. Amerigo B. GASKINS, Appellant, v. UNITED STATES, Appellee. Jacob E. PATTERSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 5, 1978.

Rehearing Denied August 17, 1978.

Attorney(s) appearing for the Case

Wilhelmina Reuben Cooke, Washington, D. C., appointed by this court, with whom Arthur F. Mathews and Lynn Bregman, Washington, D. C., were on the briefs, for appellant Waller.

Frederick J. Sullivan, Bowie, Md., appointed by this court, for appellant Gaskins.

Peter Chatilovicz, Washington, D. C., appointed by this court for appellant Patterson, adopted the briefs of appellant Waller, but did not participate in argument.

E. Thomas Roberts, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee. Jonathan Lash, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before KELLY, KERN and YEAGLEY, Associate Judges.

Rehearing En Banc Denied August 17, 1978 in Nos. 10881 and 10964.

YEAGLEY, Associate Judge:

On March 25, 1976, following a two-week jury trial, appellants were each found guilty of felony murder, first-degree burglary while armed, attempted armed robbery, three counts of armed robbery, three counts of assault with intent to commit robbery while armed, and assault with a dangerous weapon. Appellant Waller alone was...

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