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SMITH v. U.S.

No. 86-1373.

542 A.2d 823 (1988)

Charles G. SMITH, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 23, 1988.

Attorney(s) appearing for the Case

Nancy Ferrazza, Washington, D.C., appointed by this court, for appellant.

Patricia A. Riley, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty. at the time the brief was filed, and Michael W. Farrell, Charles W. Cobb, and Mary Ellen Abrecht, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before MACK, TERRY, and STEADMAN, Associate Judges.

TERRY, Associate Judge:

Appellant was convicted of distributing heroin, in violation of D.C.Code § 33-541(a)(1) (1987 Supp.). During its deliberations the jury sent the trial court two notes that revealed the number of jurors who favored conviction. After receiving the second of these notes, which disclosed that eleven jurors were in favor of conviction and one was in favor of acquittal, the trial court gave a Winters anti-deadlock instruction.

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