JOHNSON v. UNITED STATES

No. 8683.

387 A.2d 1084 (1978)

Linwood E. JOHNSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 22, 1978.


Attorney(s) appearing for the Case

Walter G. Birkel, Jr., Washington, D. C., appointed by this court, with whom Mac Asbill, Jr., Washington D. C., also appointed by this court, was on the brief, for appellant.

Peter E. George, 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 petition for rehearing en banc, for appellee.

Before REILLY, Chief Judge, and KELLY, FICKLING, KERN, GALLAGHER, NEBEKER, YEAGLEY, HARRIS and MACK, Associate Judges.


YEAGLEY, Associate Judge:

The opinion of the division, 356 A.2d 639, which we reconsider en banc, summarized the facts substantially as follows. Appellant and two codefendants were convicted by a jury of the armed robbery of a pastry deliveryman at gunpoint of a sum of money and two pies. A bystander copied the license plate number of the vehicle in which the robbers left the scene, and police stopped the car shortly thereafter. A...

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