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KHAALIS v. UNITED STATES

Nos. 12748 to 12754 and 13088 to 13093.

408 A.2d 313 (1979)

Khalifa Hamaas Abdul KHAALIS, Appellant, v. UNITED STATES, Appellee. Abdul RAHIM, a/k/a Philip Young, Appellant, v. UNITED STATES, Appellee. Abdul NUH, a/k/a Mark E. Gibson, Appellant, v. UNITED STATES, Appellee. Abdul SHAHEED, Appellant, v. UNITED STATES, Appellee. Abdul AL QAWEE, a/k/a Samuel Young, Appellant, v. UNITED STATES, Appellee. Abdul LATIF, a/k/a Carl E. Roper, Appellant, v. UNITED STATES, Appellee. Abdul HAMID, a/k/a Hilvan Jude Finch, Appellant, v. UNITED STATES, Appellee. Abdul RAZZAAQ, a/k/a Nelson McQueen, Jr., Appellant, v. UNITED STATES, Appellee. Abdul ADAM, a/k/a George W. Smith, Appellant, v. UNITED STATES, Appellee. Abdul MUZIKIR, a/k/a Marquette Anthony Hall, Appellant, v. UNITED STATES, Appellee. Abdul SALAAM, a/k/a Clarence White, Appellant, v. UNITED STATES, Appellee. Abdul RAHMAN, a/k/a Clyde Young, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 22, 1979.

Rehearing En Banc Denied February 20, 1980.

Attorney(s) appearing for the Case

Harry Toussaint Alexander, Washington, D. C., with whom W. Theophilus Jones, Washington, D. C., was on the brief, for appellants Khaalis and Adam.

Dennis O'Keefe, Charles A. Kubinski, Stephen J. O'Brien, John F. Mercer, Grandison E. Hill, Francis S. Smith, and Christopher G. Hoge, with whom John W. Sansing, Charles F. Stow, and John Treanor, Washington, D. C., all appointed by the court, were on brief, for appellants Rahim, Nuh, Shaheed, Al Qawee, Latif, Hamid, Razzaaq, Muzikir, Salaam and Rahman.

John R. Fisher, 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, Martin J. Linsky, Mark H. Tuohey, III, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before KERN, MACK and FERREN, Associate Judges.

FERREN, Associate Judge:

On May 3, 1977, the grand jury indicted each of the twelve appellants on 31 counts, including conspiracy to commit kidnapping while armed, first-degree felony murder, second-degree murder while armed, and numerous counts of assault with a dangerous weapon, assault with intent to kill while armed, and kidnapping while armed.1 The charges arose out of events which came to be known as the "Hanafi" takeovers. On March...

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