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POWERS v. UNITED STATES

No. 79-178.

412 A.2d 1205 (1980)

William K. POWERS and Willie Turner, Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 26, 1980.

Attorney(s) appearing for the Case

Norman L. Blumenfeld, Washington, D. C., with whom Keith A. Rosenberg, Washington, D. C., was on the brief for appellants.

Constance L. Belfiore, 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, John A. Terry, Michael W. Farrell and John C. Aisenbrey, Asst. U. S. Attys., Washington, D. C., were on the brief for appellee. John W. Polk, Asst. U. S. Atty., Washington, D. C., also entered an appearance for appellee.

Before KERN and PRYOR, Associate Judges, and WOLF, Associate Judge of the Superior Court of the District of Columbia.

KERN, Associate Judge:

Appellants went to trial on the charge of operating a disorderly house, D.C.Code 1973, § 22-2722. The jury heard testimony from the first prosecution witness, Detective Farr, during the morning of Tuesday, December 12, 1978. That afternoon, the jury was excused while counsel and the court discussed the appropriate instruction to be given the jury with regard to the portion of the detective's testimony that went into matters which the court...

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