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CLEMONS v. UNITED STATES

No. 13211.

400 A.2d 1048 (1979)

Ricardo V. CLEMONS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 9, 1979.

Attorney(s) appearing for the Case

Gerson Simon, Washington, D. C., appointed by the court, for appellant.

Norman M. Monhait, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Peter E. George and William J. Bowman, Asst. U.S. Attys., Washington, D. C., were on the brief, for appellee.

Before KELLY, GALLAGHER and MACK, Associate Judges.

PER CURIAM:

A one-count misdemeanor information charged appellant with false pretenses. D.C.Code 1973, § 22-1301. A jury trial led to his conviction and to a suspended sentence and twenty-four months' probation.1 On appeal, appellant argues that there was a fatal variance between the original information and the offense proved at trial and, alternatively, that the government failed to prove an essential element of the offense of false...

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