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MORTON v. UNITED STATES

No. 13940.

415 A.2d 800 (1980)

Leon D. MORTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 30, 1980.

Attorney(s) appearing for the Case

Dennis M. Hart, Washington, D. C., appointed by the court, for appellant.

Jay B. Stephens, Asst. U. S. Atty., Washington, D. C., with whom Carl S. Rauh, U. S. Atty., Washington, D. C., at the time the brief was filed, and John A. Terry and Harry R. Benner, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before KELLY, NEBEKER and FERREN, Associate Judges.

NEBEKER, Associate Judge:

The appellant, Leon D. Morton, was convicted by a jury of first-degree murder while armed (D.C.Code 1973, §§ 22-2401, -3202), attempted robbery while armed (id., §§ 22-2902, -3202), and carrying a pistol without a license (id., § 22-3204). The appellant moved for a new trial within seven days after verdict. See Super.Ct.Cr.R. 33. He based the motion upon an allegation of newly discovered evidence...

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