MITCHELL v. U.S.

No. 89-265.

595 A.2d 1010 (1991)

Everette J. MITCHELL a/k/a Kevin Mitchell, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 6, 1991.


Attorney(s) appearing for the Case

Kenneth D. Auerbach, Silver Spring, Md., appointed by the court, was on the brief for appellant.

Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas C. Black, Robert Feitel, and Claudette V. Humphreys, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Before ROGERS, Chief Judge, and WAGNER, Associate Judge, and GALLAGHER, Senior Judge.


ROGERS, Chief Judge:

Appellant Everette Mitchell appeals from his conviction by a jury of possession with intent to distribute a controlled substance (heroin), D.C.Code § 33-541(a)(1) (1989), on the principal ground that the trial judge erred in not instructing the jury on the lesser-included offense of attempted possession in addition to the lesser-included offense of simple possession. Although there was an evidentiary basis for the attempted possession instruction...

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