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McMILLEN v. UNITED STATES

No. 13701.

407 A.2d 603 (1979)

James L. McMILLEN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 4, 1979.

Attorney(s) appearing for the Case

Russell F. Canan, Washington, D. C., appointed by the court, was on the brief for appellant.

Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed and the case was argued, John A. Terry, Harold Damelin and Dianne H. Kelly, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Before KELLY, KERN and HARRIS, Associate Judges.

KELLY, Associate Judge:

Appellant was convicted of carrying a pistol without a license. D.C.Code 1973, § 22-3204. He questions on appeal the propriety of a certain jury instruction. We affirm.

At trial, appellant testified that he was a resident of Hampton, Virginia, and that he had lawfully purchased the gun there. After a short visit to Washington, he was on his way back to Hampton when he was stopped for running a red light. At that time, he told the...

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