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PETWAY v. UNITED STATES

No. 13244.

420 A.2d 1211 (1980)

Isaac B. PETWAY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 29, 1980.

Attorney(s) appearing for the Case

Nancy K. Glassman, Washington, D. C., appointed by the court, for appellant.

Christopher A. Myers, Asst. U. S. Atty., Washington D. C., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry, Asst. U. S. Atty., Washington D. C., were on the brief, for appellee.

Before GALLAGHER, MACK and PRYOR, Associate Judges.

PER CURIAM:

Appellant was convicted in the Criminal Division of the Superior Court of assault on a police officer in violation of D.C. Code 1973, § 22-505(a). In this court, he makes five assignments of error,* only one of which we find to require primary consideration-i. e. whether the trial court erred in refusing to instruct the jury on the lesser-included offense of simple assault...

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