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HARRIS v. U.S.

No. 87-155.

602 A.2d 154 (1992)

Thomas E. HARRIS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 15, 1992.

Attorney(s) appearing for the Case

Paul H. Zukerberg, Washington, D.C., appointed by the court, for appellant.

Elizabeth Trosman, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., Michael W. Farrell and Mary Ellen Abrecht, Asst. U.S. Attys. at the time the brief was filed, and John R. Fisher, David Schertler and Gregory E. Jackson, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before ROGERS, Chief Judge, FERREN, TERRY, STEADMAN, SCHWELB, and WAGNER, Associate Judges, and NEWMAN, MACK, and BELSON, Senior Judges.

ON REHEARING EN BANC

BELSON, Senior Judge:

A jury convicted appellant Thomas E. Harris of distribution of phencyclidine (PCP) and marijuana and of possession with intent to distribute PCP and marijuana in violation of D.C.Code § 33-541(a)(1) (1988). On appeal Harris contends that prosecutorial "misconduct," primarily in questioning Harris and arguing to the jury regarding "missing witnesses" without first seeking the permission of the trial court, denied...

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