TURNER v. UNITED STATES

No. 82-498.

474 A.2d 1293 (1984)

Gilbert I. TURNER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 8, 1984.


Attorney(s) appearing for the Case

Ruth R. Banks, Washington, D.C., with whom Dovey J. Roundtree, Washington, D.C., was on the pleadings, for appellant.

Edward D. Ross, Jr., 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, and Michael W. Farrell, Asst. U.S. Atty., Washington, D.C., were on the pleadings, for appellee.

Before MACK and PRYOR, Associate Judges, and YEAGLEY, Associate Judge, Retired.


YEAGLEY, Associate Judge, Retired:

After reargument and reconsideration, we find no reason to modify the earlier opinion of the court.1

However, in view of the government's contention that this court's decision in United States v. Smith, 337 A.2d 499 (D.C. 1975) should be controlling here, we feel constrained to point to differences that make that decision inapposite to the issue before...

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