CALAWAY v. UNITED STATES

No. 11713.

408 A.2d 1220 (1979)

David P. CALAWAY, Jr., a/k/a James R. Scott, a/k/a David Jones, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 15, 1979.


Attorney(s) appearing for the Case

Charles W. Halleck, Washington, D. C., appointed by the court, for appellant.

Gordon C. Rhea, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry and Michael W. Farrell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. James F. Hibey, Asst. U. S. Atty., Washington, D. C., also entered an appearance.

Before NEWMAN, Chief Judge, and KERN and GALLAGHER, Associate Judges.


GALLAGHER, Associate Judge:

In a five-count indictment appellant was charged with two counts of felony murder (D.C.Code 1973, § 22-2401),1 one count of second-degree murder (D.C.Code 1973, § 22-2403), one count of assault with intent to commit rape (D.C.Code 1973, § 22-501), and one count of first-degree burglary (D.C. Code 1973, § 22-1801(a)).2 Appellant was acquitted by jury of all counts...

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