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U.S. v. JACKSON

Nos. 85-59, 85-125.

528 A.2d 1211 (1987)

UNITED STATES, Appellant, v. Ricky L. JACKSON, Appellee. Ricky L. JACKSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 9, 1987.

Attorney(s) appearing for the Case

William T. Morrison, Washington, D.C., appointed by the court, for appellee in No. 85-59 and appellant in No. 85-125.

Judith Hetherton, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., and Michael W. Farrell, and Keith A. O'Donnell, Asst. U.S. Attys., Washington, D.C., were on brief, for appellant in No. 85-59 and appellee in No. 85-125.

Before NEBEKER, MACK and ROGERS, Associate Judges.

ROGERS, Associate Judge.

We are asked to decide whether to retain the "year and a day rule" as law in the District of Columbia. A Superior Court trial judge, relying upon this ancient doctrine,1 dismissed a second-degree murder indictment brought against appellee Jackson in No. 85-59. The government appeals the dismissal. It argues that the rationale for the year and a day rule no longer exists, that courts faced with the question in the...

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