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U.S. v. POWELL

Nos. 88-480, 88-501.

563 A.2d 1086 (1989)

UNITED STATES, Appellant, v. Elwin W. POWELL and William C. Wardlaw, Appellees.

District of Columbia Court of Appeals.

Decided September 15, 1989.

Attorney(s) appearing for the Case

Daniel S. Seikaly, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Michael W. Farrell, Asst. U.S. Atty. at the time the motion was filed, and John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., were on the motion for summary reversal, for appellant. Kevin F. Flynn, Asst. U.S. Atty., also entered an appearance for appellant.

Mark L. Goldstone, appointed by this court, for appellees.

Before NEWMAN, FERREN, and TERRY, Associate Judges.

TERRY, Associate Judge:

Appellees were each charged by information with unlawful entry, in violation of D.C.Code § 22-3102 (1981). When they moved to dismiss the informations against them, the court set their motion for hearing on the scheduled trial date. The case came on for trial a few weeks later, and the trial judge, after hearing argument but no testimony, denied the motion. A jury was then selected and sworn, and the government presented its evidence....

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