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GILES v. UNITED STATES

Nos. 82-632, 82-705.

472 A.2d 881 (1984)

Willie GILES, a/k/a Willie Lee Hairston, Appellant, v. UNITED STATES, Appellee. James D. BURGESS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 21, 1984.

Attorney(s) appearing for the Case

James Klein, Public Defender Service, Washington, D.C., with whom A. Franklin Burgess, Jr., Public Defender Service, Washington, D.C., at the time the brief was filed, and Randy I. Bellows, Public Defender Service, Washington, D.C., were on the brief, for appellant Giles. William J. Mertens, Public Defender Service, Washington D.C., also entered an appearance for appellant Giles.

John J. Carmody, Jr., Washington, D.C., for appellant Burgess.

Mary Ellen Abrecht, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., Washington, D.C., at the time the brief was filed, Michael W. Farrell, and Charles L. Hall, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEWMAN, Chief Judge, and FERREN and BELSON, Associate Judges.

NEWMAN, Chief Judge:

Codefendants Giles and Burgess appeal from jury convictions of first degree burglary, felony murder while armed, armed robbery, assault with intent to commit robbery, and kidnapping. Each appellant assigns numerous errors; however, we find that only two of the issues raised require discussion1: whether the trial court constructively amended the felony murder count of the indictment; and whether sufficient evidence...

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