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GRIFFIN v. UNITED STATES

Nos. 80-1074, 80-1408, 80-1409, 80-1411, 80-1413 to 80-1416.

447 A.2d 776 (1982)

Burnest GRIFFIN, Jr., Mitchell D. Snyder, Mary Ellen Hombs, Harold M. Moss, Donna M. A. McDonald, David Stein, James O. Sullivan, and Fleming Rice, Jr., Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 2, 1982.

Attorney(s) appearing for the Case

Bradley S. Stetler, Washington, D. C., for appellants Stein and McDonald.

Marya C. Young, Law Student, with whom was Lois Yankowski, Washington, D. C., for appellants Snyder, Hombs and Moss, Michael Zeldin, Washington, D. C., for appellant Sullivan, and Jerry Fisher, Washington, D. C., for appellant Rice, were on the consolidated briefs, for all appellants.

William J. Mertens, Public Defender Service, Washington, D. C., on behalf of appellant Griffin, adopted appellants' consolidated briefs.

Regina C. McGranery, Asst. U. S. Atty., Washington, D. C., with whom Stanley S. Harris, U. S. Atty., John A. Terry, John R. Fisher, and Jerry S. Goren, U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before KELLY, NEBEKER and BELSON, Associate Judges.

KELLY, Associate Judge:

Each of the appellants was tried on stipulated facts and found guilty of unlawful entry. D.C.Code 1973, § 22-3102. It is alleged on appeal that the motions judge erred in refusing to permit appellants to present their defense of necessity to the jury, and that his denial of appellants' motion for advisory counsel violated their Sixth Amendment rights, or alternatively, was an abuse of his discretion. Finding no error, we affirm.

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