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THOMAS v. UNITED STATES

No. 81-460.

447 A.2d 52 (1982)

Marvin K. THOMAS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 30, 1982.

Attorney(s) appearing for the Case

Ramona Powell, Washington, D. C., appointed by the court, for appellant.

Evelyn E. Crawford Queen, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry, and Robert F. O'Neill, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and NEBEKER and MACK, Associate Judges.

NEWMAN, Chief Judge:

Appellant Marvin Thomas was convicted by jury of unauthorized use of a vehicle under D.C.Code 1981, § 22-2204. Inter alia,1 he challenges the government's argument, and the court's instruction, to the effect that an adverse inference could be drawn from his failure to call as a witness a person who observed his arrest. We hold that it was prejudicial error to authorize the argument and to give the instruction...

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