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WASHINGTON v. UNITED STATES

No. 84-1196.

498 A.2d 247 (1985)

Theodore WASHINGTON, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 23, 1985.

Attorney(s) appearing for the Case

Richard K. Gilbert, Washington, D.C., for appellant.

Lynn Lincoln Sarko, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Judith Hetherton, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Before NEWMAN and TERRY, Associate Judges, and REILLY, Chief Judge, Retired.

NEWMAN, Associate Judge:

Washington challenges his convictions for simple assault and possession of a prohibited weapon (sawed-off shotgun). He contends, inter alia, that the trial court erred in refusing to instruct the jury that to convict him of possession of the sawed-off shotgun, the evidence must establish that the shotgun was "operable." We agree and reverse.1

Washington...

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