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LEE v. U.S.

Nos. 93-CO-714, 93-CF-730, 93-CO-761, 93-CO-769, 93-CF-770, and 93-CO-855.

668 A.2d 822 (1995)

David LEE, Appellant/Cross-Appellee, v. UNITED STATES, Appellee/Cross-Appellant. UNITED STATES, Appellant/Cross-Appellee, v. Reginald C. SPEARS, Appellee/Cross-Appellant.

District of Columbia Court of Appeals.

Decided December 14, 1995.

Attorney(s) appearing for the Case

Jonathan Zucker, with whom Patricia Daus, Washington, DC, was on brief for appellant/cross-appellee David Lee.

Richard S. Stolker, Rockville, MD, for appellee/cross-appellant Reginald C. Spears.

Roy W. McLeese, III, Assistant U.S. Attorney, with whom Eric H. Holder, Jr., U.S. Attorney, and Laura Leedy Gansler, Special Assistant U.S. Attorney, and John R. Fisher, Barbara A. Grewe, Margaret M. Lawton, and S. Hollis Fleischer, Assistant U.S. Attorneys, were on brief, for appellant/cross-appellee.

Before WAGNER, Chief Judge, and SCHWELB and REID, Associate Judges.

SCHWELB, Associate Judge:

A jury acquitted appellants David Lee and Reginald C. Spears, defendants below, of second degree murder while armed (SDMWA),1 but convicted each man of voluntary manslaughter while armed (VMWA) and of several associated offenses.2 In a post-trial order, the trial judge set aside appellants' convictions of VMWA and substituted therefor convictions of unarmed manslaughter. He held that...

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