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HOWELL v. UNITED STATES

No. 80-963.

455 A.2d 1371 (1983)

Marquis HOWELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 26, 1983.

Attorney(s) appearing for the Case

Bradley S. Stetler, Washington, D.C., for appellant.

John R. Fisher, Asst. U.S. Atty., with whom Stanley S. Harris, U.S. Atty., Michael W. Farrell, and Mary A. McLaughlin, Asst. U.S. Attys., Washington, D.C., were on preargument memorandum for appellee.

Before NEWMAN, Chief Judge, and KELLY, KERN, NEBEKER, MACK, FERREN, PRYOR and BELSON, Associate Judges.

NEWMAN, Chief Judge:

On this rehearing en banc we consider this court's order of October 8, 1981, vacating our opinion of August 4, 1981, 434 A.2d 413, reversing appellant's conviction following notification of appellant's death, and dismissing this appeal nunc pro tunc as required by Harvey v. United States, D.C. App., 385 A.2d 36 (1978). We conclude that when an appellant dies pending...

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