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PENDERGRAST v. UNITED STATES

No. 9566.

385 A.2d 173 (1978)

Billy L. PENDERGRAST, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 18, 1978.

Attorney(s) appearing for the Case

W. Gary Kohlman, Public Defender Service, Washington, D. C., for appellant. Frederick H. Weisberg, Public Defender Service, Washington, D. C., also entered an appearance for appellant.

Frederick A. Douglas, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Stuart M. Gerson and Barry L. Leibowitz, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before KELLY, HARRIS and MACK, Associate Judges.

Opinion for the court by KELLY, Associate Judge.

KELLY, Associate Judge:

On February 18, 1975, a panel of this court reversed appellant's conviction of second-degree murder because the trial court erroneously refused to instruct the jury on the lesser included offense of manslaughter. Pendergrast v. United States, D.C.App., 332 A.2d 919 (1975). In Section IV of the opinion we stated:

Considering all of the...

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