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McDONALD v. UNITED STATES

No. 83-782.

496 A.2d 274 (1985)

Andre McDONALD, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 7, 1985.

Attorney(s) appearing for the Case

Jack Koppelman, appointed by this court, for appellant.

Tamra Phipps, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty. and Michael W. Farrell, Judith Hetherton, and Debra L. Long, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

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

ROGERS, Associate Judge:

Appellant appeals his conviction by a jury of three counts of simple assault, D.C. Code § 22-504 (1981), on the grounds that he was illegally arrested by METRO Transit Police who lacked jurisdiction to execute an arrest warrant for impersonating a Metropolitan Police Officer, and the trial court erred in failing to instruct the jury that he had a common law right to resist the arrest when charged with simple assault. We need not decide...

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