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DAY v. UNITED STATES

No. 11272.

390 A.2d 957 (1978)

Edward D. DAY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 10, 1978.

Rehearing and Rehearing En Banc Denied November 21, 1978.

Attorney(s) appearing for the Case

Peter Sissman, Arlington, Va., with whom Lawrence Lataif, Arlington, Va., was on the brief, for appellant.

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.

Before KELLY and FERREN, Associate Judges, and PAIR, Associate Judge, Retired.

FERREN, Associate Judge:

Appellant asks us to set aside his convictions on charges of first-degree felony murder (D.C.Code 1973, § 22-2401) and armed robbery (D.C.Code 1973, §§ 22-2901, -3202) on two grounds: (1) the trial court erred in refusing his request for jury instructions on the lesser offenses of manslaughter, assault with a deadly weapon, and assault; and (2) the 32½-month delay between arrest and trial violated his Sixth Amendment right...

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