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FRANKLIN v. UNITED STATES

Nos. 11307, 11323 and 11343.

392 A.2d 516 (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.

On Appellees Petition for Rehearing September 29, 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, for appellant Benson.

Leslie J. Harris and Richard S. McMillin, Washington, D. C., appointed by this court, for appellant Dickerson.

Earl J. Silbert, U. S. Atty., and John A. Terry and Michael W. Farrell, Asst. U. S. Attys., Washington, D. C., for appellee.

Before GALLAGHER, NEBEKER and YEAGLEY, Associate Judges.

NEBEKER, Associate Judge:

After argument before this division in these consolidated cases, we reversed appellants' convictions for burglary, grand larceny, and receiving stolen property and remanded for a new trial. Franklin v. United States, D.C.App., 382 A.2d 20 (1978). We held that the jury had been improperly permitted to return verdicts of guilty upon the receiving counts where...

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