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BARKLEY v. UNITED STATES

No. 81-922.

455 A.2d 412 (1983)

Frank E. BARKLEY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 7, 1983.

Attorney(s) appearing for the Case

A. Franklin Burgess, Public Defender Service, Washington, D.C., with whom William J. Mertens, Public Defender Service, Washington, D.C., was on the briefs, for appellant.

Michael L. Rankin, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., John A. Terry, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, and John R. Fisher, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

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

KERN, Associate Judge:

Appellant seeks a reversal of his conviction for grand larceny, D.C.Code 1981, § 22-2201, upon the grounds that (a) the jury's verdict could have been based upon an improper theory of liability, and (b) the jury could have reached a nonunanimous verdict as to what crime of grand larceny the appellant committed.

In November 1978 the appellant sold a Sansui amplifier to the complaining witness for $300, which was to be paid at a later...

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