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LEWIS v. UNITED STATES

No. 82-747, 82-777.

466 A.2d 1234 (1983)

Terry LEWIS (No. 82-747) and Jerry Lewis (No. 82-777), Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 15, 1983.

Attorney(s) appearing for the Case

Webster T. Knight, Washington, D.C., appointed by this court, for appellant Terry Lewis.

Scott Howe, Public Defender Service, Washington, D.C., with whom A. Franklin Burgess, Jr., Public Defender Service, Washington, D.C., was on the brief, for appellant Jerry Lewis.

Robert B. Lyon, Jr., Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Michael W. Farrell and James F. Rutherford, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before KERN and BELSON, Associate Judges, and GALLAGHER, Associate Judge, Retired.

BELSON, Associate Judge:

Appellant Terry Lewis seeks review of a judgment of conviction for simple assault in violation of D.C.Code § 22-504 (1981) as a lesser-included offense of assault with a dangerous weapon. Co-appellant Jerry Lewis seeks review of a judgment of conviction for assault with a dangerous weapon in violation of D.C.Code § 22-502 (1981). Both appellants had been charged with assault with a dangerous weapon. A jury instruction as to simple...

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