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BAYER v. UNITED STATES

Nos. 93-CF-501, 93-CF-532.

651 A.2d 308 (1994)

Talmadge H.R. BAYER, Appellant, v. UNITED STATES, Appellee. Robert R. BIANCHI, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 22, 1994.

Attorney(s) appearing for the Case

Gary M. Sidell, for appellant Bayer.

Cheryl D. Stein, for appellant Bianchi.

Glenn L. Kirschner, Asst. U.S. Atty., with whom Eric H. Holder, Jr., U.S. Atty., and John R. Fisher and Micheal F. Tubach, Asst. U.S. Attys., were on the brief, for appellee.

Before FERREN and SCHWELB, Associate Judges, and BELSON, Senior Judge.

FERREN, Associate Judge:

Appellants, Bayer and Bianchi, appeal from their convictions for simple assault. D.C.Code § 22-504 (1989 Repl.). They contend (1) that the trial court's aiding and abetting instruction to the jury had no evidentiary basis and (2), that the trial court violated the Jencks Act, 18 U.S.C. § 3500 (1988), by refusing to order production of a police officer's notes of a witness interview. See Jencks v. United States,

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