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DUMAS v. UNITED STATES

No. 82-1506.

483 A.2d 301 (1984)

Anthony D. DUMAS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 4, 1984.

Attorney(s) appearing for the Case

William T. Morrison, Washington, D.C., was on brief, for appellant.

Joseph E. diGenova, U.S. Atty., Michael W. Farrell, and Kenneth W. Cowgill, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.

Before MACK, FERREN and ROGERS, Associate Judges.

ROGERS, Associate Judge:

The issue in this appeal is whether a defendant waives his right to challenge the sufficiency of the government's case-in-chief on appeal by presenting evidence in response to damaging testimony of his co-defendant which does not cure any deficiency in the government's case. Appellant and codefendant McRae were jointly tried by a jury for attempted second degree burglary, D.C.Code §§ 22-103, -1801 (1981), petty larceny, id.

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