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HAWTHORNE v. UNITED STATES

Nos. 82-549, 82-1675.

476 A.2d 164 (1984)

William HAWTHORNE (No. 82-549) and Percy Jeter (No. 82-1675), Appellants, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided April 19, 1984.

Attorney(s) appearing for the Case

Claire O. Ducker, Sr., Washington, D.C., appointed by this court for appellant Hawthorne. Mark S. Carlin, Public Defender Service, Washington, D.C., with whom A. Franklin Burgess, Public Defender Service, Washington, D.C., at the time the brief was filed, was on the brief, for appellant Jeter.

Colleen M. Kennedy, 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 Judith Hetherton and Barry M. Tapp, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before NEBEKER, MACK, and ROGERS, Associate Judges.

ROGERS, Associate Judge:

Appellants raise two issues in this appeal from their convictions by a jury of felony murder while armed during the commission of a burglary in the first degree (D.C.Code §§ 22-2401, -3201 (1981)) and first degree burglary (D.C.Code § 22-1801(a) (1981)). They contend their convictions of burglary, and the associated felony murder counts, cannot stand because the government failed to...

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