SCARBOROUGH v. U.S.

No. 84-754.

522 A.2d 869 (1987)

Eddie M. SCARBOROUGH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 18, 1987.


Attorney(s) appearing for the Case

Geoffrey D. Allen, Washington, D.C., appointed by the court, for appellant.

Thomas J. Tourish, Jr., Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., and Michael W. Farrell, Judith Hetherton, Leonard E. Birdsong, and Gerald W. Heller, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Jennifer P. Lyman, Public Defender Service, with whom James Klein, Public Defender Service, Washington, D.C., was on the brief, filed an amicus curiae brief for appellant.

Before PRYOR, Chief Judge, and NEBEKER, MACK, NEWMAN, FERREN, BELSON, TERRY, ROGERS and STEADMAN, Associate Judges.


FERREN, Associate Judge:

In Scarborough v. United States, 496 A.2d 277 (D.C.1985) (per curiam), a division of this court affirmed appellant's conviction for receiving stolen property (felony), D.C. Code § 22-2205 (1981). The division premised its opinion on the second holding of Barkley v. United States, 455 A.2d 412, 415-16 (D.C.1983). Several months later, we granted appellant...

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