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FRANKLIN v. UNITED STATES

Nos. 11307, 11323 and 11343.

382 A.2d 20 (1978)

Lewis P. FRANKLIN, Appellant, v. UNITED STATES, Appellee. Marsell A. BENSON, Appellant, v. UNITED STATES, Appellee. Herbert C. DICKERSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 13, 1978.

Attorney(s) appearing for the Case

Samuel J. Lowe, Washington, D. C., appointed by this court, for appellant Franklin.

Marie T. Loepp, Washington, D. C., appointed by this court, was on the brief for appellant Benson but did not participate at argument.

Richard S. McMillin, Washington, D. C., appointed by this court, for appellant Dickerson.

Lillian A. McEwen, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, William D. Pease, and Donald A. Couvillon, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before GALLAGHER, NEBEKER and YEAGLEY, Associate Judges.

NEBEKER, Associate Judge:

Appellants Franklin, Benson, and Dickerson were each convicted, after joint trial by jury, of second degree burglary, grand larceny, and receiving stolen property.1 Although many issues have been raised, only two need be considered: first, whether the trial court erred in denying appellants' motion to suppress certain evidence as illegally seized; and, second, whether the trial court erred in failing to instruct...

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