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DOWNING v. UNITED STATES

Nos. 80-154, 80-385.

434 A.2d 409 (1981)

Melvin D. DOWNING, Appellant, v. UNITED STATES, Appellee. Warren JEFFERSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 4, 1981.

Attorney(s) appearing for the Case

James R. Klimaski, Washington, D. C., appointed by this court, with whom Katharyn M. Marks and Michael J. Gaffney, Washington, D. C., were on the briefs, for appellant Downing.

Richard F. Goodstein, Washington, D. C., appointed by this court, with whom Timothy B. Dyk, Washington, D. C., was on the brief, for appellant Jefferson.

A. Carlos Correa, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty. and John A. Terry, Michael W. Farrell and Reggie B. Walton, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and KERN and FERREN, Associate Judges.

KERN, Associate Judge:

A jury convicted appellants of assault with intent to commit robbery while armed. D.C.Code 1973, §§ 22-2902, -3202.1

Appellants contend the trial court erred in denying their motion for a mistrial which they based upon certain testimony the complaining witness gave from the stand while recounting to the jury how she had gone to a nearby hotel for help after being pistol-whipped on the street. She...

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