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SOUSA v. UNITED STATES

Nos. 10478, 10511, 10714 and 10772.

400 A.2d 1036 (1979)

Joseph SOUSA (No. 10478), Joseph W. Eastridge (No. 10511), Richard C. Richter (No. 10714), and Michael A. Diamen, a/k/a Salvatore M. Infantolino (No. 10772), Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 16, 1979.

Rehearing and Rehearing Denied May 17, 1979.

Attorney(s) appearing for the Case

Leroy Nesbitt, Washington, D. C., for appellant Sousa.

David C. Niblack, Washington, D. C., for appellant Eastridge.

John W. Karr, Washington, D. C., for appellant Richter.

John E. Kilcarr, Arlington, Va., for appellant Diamen.

E. Thomas Roberts, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Joseph Guerrieri, Jr., and Martin J. Linsky, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before NEWMAN, Chief Judge, GALLAGHER, Associate Judge, and PRYOR, Associate Judge, Superior Court of the District of Columbia.

Rehearing and Rehearing En Banc Denied in Nos. 10478, 10511 and 10772, May 17, 1979.

NEWMAN, Chief Judge:

Appellants Sousa, Eastridge, and Diamen were tried by a jury and found guilty of first-degree murder while armed, D.C.Code 1973, §§ 22-2401 & -3202. Appellant Richter, at the same trial, was found guilty of two counts of assault with a dangerous weapon, D.C.Code 1973, § 22-502, and carrying a dangerous weapon, D.C.Code 1973, § 22...

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