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KLEINBART v. UNITED STATES

No. 11932.

426 A.2d 343 (1981)

Michael N. KLEINBART, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 30, 1981.

Attorney(s) appearing for the Case

Nicholas D. Dale, Washington, D. C., appointed by this court, for appellant.

William J. Birney, Asst. U. S. Atty., Washington, D. C., for appellee. Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry and Michael L. Lehr, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before GALLAGHER and MACK, Associate Judges, and YEAGLEY, Associate Judge, Retired.

YEAGLEY, Associate Judge, Retired:

On July 1, 1975, appellant was charged in an indictment with first degree murder while armed (D.C.Code 1973, §§ 22-2401, -3203), first degree murder D.C.Code 1973, § 22-2401), and carrying a pistol without a license (D.C.Code 1973, § 22-3204). At his first trial, the jury was unable to reach a verdict on the two murder counts and a mistrial was declared, but he was found guilty on the weapons charge, which was...

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