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UNITED STATES v. MONTGOMERY

No. 83-339.

478 A.2d 1088 (1984)

UNITED STATES, Appellant, v. Carroll MONTGOMERY, Appellee.

District of Columbia Court of Appeals.

Decided July 23, 1984.

Attorney(s) appearing for the Case

Bruce A. Peterson, 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 Darryl W. Jackson, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellant.

Susan L. Schneider, Public Defender Service, Washington, D.C., with whom James Klein, Public Defender Service, Washington, D.C., were on the brief, for appellee.

Before MACK and ROGERS, Associate Judges, and KERN, Associate Judge, Retired.

KERN, Associate Judge, Retired:

This appeal presents for our determination whether the trial court properly barred the victim of a shooting and robbery from testifying altogether at the trial of his alleged assailant because a police officer who investigated the crime, either was grossly negligent or intentionally failed to preserve both the photograph he showed the victim and the notes he took of the victim's identification of that photo. The photo was of someone...

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