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SMITH v. U.S.

Nos. 87-1300, 87-1380.

561 A.2d 468 (1989)

Michael H. SMITH, Appellant, v. UNITED STATES, Appellee. Darryl HARRIS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 28, 1989.

As Modified on Grant of Rehearing in Part October 11, 1989.

Attorney(s) appearing for the Case

Michael L. Spekter, Washington, D.C., appointed by this court, was on the brief for appellant Smith.

Thomas M. Slawson, appointed by this court, was on the brief for appellant Harris.

Jay B. Stephens, U.S. Atty. and Michael W. Farrell, Asst. U.S. Atty. at the time the brief was filed, and Julieanne Himelstein, Asst. U.S. Atty., Washington, D.C., were on the brief for appellee.

Before FERREN and STEADMAN, Associate Judges, and MACK, Associate Judge, Retired.

FERREN, Associate Judge:

A jury convicted appellants Smith and Harris of one count of robbery (Fitzsimmons), D.C.Code § 22-2901 (1981) and of one count of robbery of a senior citizen (Adami), D.C.Code § 22-2901, 22-3901 (1981 & 1988 Supp.). The jury acquitted Smith on one count of robbery (Echard), D.C.Code § 22-2901 (1981).1 On appeal, Smith contends that the evidence was insufficient to convict him of the two robbery...

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