JOHNSON v. UNITED STATES

Nos. 79-391, 79-404.

434 A.2d 415 (1981)

Maurice A. JOHNSON, Appellant, v. UNITED STATES, Appellee. Michael O. JOHNSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 4, 1981.


Attorney(s) appearing for the Case

Thomas W. Farquhar, Washington, D. C., appointed by the court, for appellant Maurice A. Johnson.

Martin S. Echter, Washington, D. C., appointed by the court, with whom Michael L. Rankin, Washington, D. C., was on the brief, for appellant Michael O. Johnson.

David Howard Saffern, Asst. U. S. Atty., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry and Michael W. Farrell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before KELLY, KERN and HARRIS, Associate Judges.


HARRIS, Associate Judge:

Appellants, who are brothers, were jointly charged in a three-count indictment with first-degree (felony) murder while armed, D.C.Code 1973, §§ 22-2401, -3202; second-degree murder while armed, id., §§ 22-2403, -3202; and armed robbery. Id., §§ 22-2901, -3202. A jury acquitted them of murder but convicted them of armed robbery.

Both appellants contend...

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