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DISTRICT OF COLUMBIA v. WHITLEY

No. 93-CT-428.

640 A.2d 710 (1994)

DISTRICT OF COLUMBIA, Appellant, v. James WHITLEY, Appellee.

District of Columbia Court of Appeals.

Decided April 14, 1994.

Attorney(s) appearing for the Case

Mary L. Wilson, Asst. Corp. Counsel, with whom John Payton, Corp. Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corp. Counsel, were on the brief, for appellant.

Donald S. Johnson, Sr., for appellee.

Before FERREN, SCHWLEB, and KING, Associate Judges.

KING, Associate Judge:

This case presents two issues: whether the trial judge properly dismissed a criminal information on the ground that the facts set forth in the prosecutor's opening statement were insufficient to establish a prima facie case1 and, if the trial judge erred in dismissing on that ground, whether double jeopardy principles bar further prosecution.

The Office of Corporation Counsel appeals the trial court...

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