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FINNEGAN v. UNITED STATES

No. 12711.

399 A.2d 570 (1979)

Joseph P. FINNEGAN, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 19, 1979.

Attorney(s) appearing for the Case

Webster T. Knight, Washington, D. C., appointed by this court, was on the brief for appellant.

Earl J. Silbert, U. S. Atty., and John A. Terry, Michael W. Farrell, John H. Sturc, John H. Korns, and Richard W. Goldman, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee.

Before NEBEKER and MACK, Associate Judges, and PAIR, Associate Judge, Retired.

PAIR, Associate Judge, Retired:

Appellant was tried by jury for possession of a dangerous drug, namely phenmetrazine or Preluden, in violation of D.C. Code 1973, § 33-702(a)(4). Following his failure to call two witnesses in his behalf, the trial court instructed the jury that they were entitled to infer that the witnesses' testimony, if given, would have been adverse to appellant's case.1

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