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ELLIOTT v. U.S.

Nos. 91-CF-1102, 91-CF-1320.

633 A.2d 27 (1993)

Herman ELLIOTT, Appellant, v. UNITED STATES, Appellee. Troy R. NERO, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided November 4, 1993.

Attorney(s) appearing for the Case

Bernard J. Simbole, Arlington, VA, for appellant Elliott.

Derek Sells, Public Defender Service, with whom James Klein and Jo-Ann Wallace, Public Defender Service, Washington, DC, were on the brief, for appellant Nero.

M. Evan Corcoran, Asst. U.S. Atty., with whom J. Ramsey Johnson, U.S. Atty. at the time the brief was filed, John R. Fisher, and Roy W. McLeese, III, Asst. U.S. Attys., Washington, DC, were on the brief, for appellee.

Before TERRY and WAGNER, Associate Judges, and PRYOR, Senior Judge.

WAGNER, Associate Judge:

Following a jury trial, appellants, Troy R. Nero and Herman Elliott, Jr., were convicted of first degree murder while armed (D.C.Code §§ 22-2401, -3202 (1989)), possession of a firearm during a crime of violence (D.C.Code § 22-3204(b) (1993 Supp.)), and carrying a pistol without a license (D.C.Code § 22-3204(a) (1993 Supp.)). These offenses arose out of the fatal shooting of Anthony Kearney on March 13, 1990. Appellant...

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