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WASHINGTON v. UNITED STATES

No. 13690.

404 A.2d 197 (1979)

Timothy L. WASHINGTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 23, 1979.

Attorney(s) appearing for the Case

Peter V. Train, Arlington, Va., appointed by this court, was on the brief for appellant.

Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry, Michael W. Farrell, Timothy J. Reardon, and William J. Hardy, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Before KERN and GALLAGHER, Associate Judges, and PAIR, Associate Judge, Retired.

PAIR, Associate Judge, Retired:

On this appeal from convictions of rape,1 assault with intent to commit sodomy,2 and robbery,3 the only claim of error is the trial court's missing witness instruction and the related remarks of the prosecutor in his summation to the jury. Because in our view of the trial proceedings the error, if any, was harmless, we affirm.

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