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HARRIS v. UNITED STATES

Nos. 79-653, 79-734.

430 A.2d 536 (1981)

John HARRIS, Appellant, v. UNITED STATES, Appellee. Robert Lee COSBY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 12, 1981.

Attorney(s) appearing for the Case

Jeffrey Marshall Albert, Washington, D. C., appointed by the court, for appellant in No. 79-653.

Ted Kavrukov, Washington, D. C., appointed by the court, for appellant in No. 79-734.

Keith A. O'Donnell, Asst. U. S. Atty., with whom Charles F. C. Ruff, U. S. Atty., and John A. Terry and William D. Nussbaum, Asst. U. S. Attys., Washington, D. C., on brief, for appellee.

Before NEWMAN, Chief Judge, and GALLAGHER and HARRIS, Associate Judges.

HARRIS, Associate Judge:

Appellants were charged by information with the possession of narcotics in violation of D.C.Code 1973, § 33-402. They were convicted by a jury. They challenge their convictions principally upon the grounds of (1) alleged prosecutorial misconduct, and (2) the trial court's giving of two missing witness instructions. We affirm.

I

The government's evidence established that on July 18, 1978, Detective Larry Thomas, a plainclothes...

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