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SIMMONS v. U.S.

No. 87-1065.

554 A.2d 1167 (1989)

Vincent L. SIMMONS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 9, 1989.

Attorney(s) appearing for the Case

Bert W. Kapinus, Mount Rainier, Md., appointed by this court, for appellant.

William M. Blier, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Michael W. Farrell, Helen M. Bollwerk and G. Paul Howes, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before BELSON and TERRY, Associate Judges, and REILLY, Senior Judge.

TERRY, Associate Judge:

Appellant was charged in a single-count indictment with robbery1 and was found guilty as charged after a jury trial. Appellant now challenges his conviction on the ground that the trial court erred in refusing to instruct the jury on the lesser included offense of taking property without right.2 We agree that appellant was entitled to the instruction...

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