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WHITE v. U.S.

No. 89-CF-629.

613 A.2d 869 (1992)

Dorothea WHITE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 28, 1992.

Attorney(s) appearing for the Case

M. Elizabeth Kent, Washington, D.C., appointed by this court, for appellant.

Elizabeth Trosman, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas J. Tourish, Jr. and Patrice Kopistansky, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before ROGERS, Chief Judge, and FERREN, TERRY, STEADMAN, SCHWELB, WAGNER and KING, Associate Judges.

ON REHEARING EN BANC

STEADMAN, Associate Judge:

A key part of any criminal jury trial is the trial court's instruction to the jury setting forth the elements of the offense of which the defendant stands accused. Occasionally, as in the proceeding on appeal, the trial court will omit an essential element, and the omission is not called to the court's attention by either party.1 The issue now before us en banc is what consequence...

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