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SMITH v. U.S.

Nos. 91-CF-1232, 93-CO-1573.

665 A.2d 962 (1995)

Darryl J. SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 12, 1995.

Attorney(s) appearing for the Case

Stephen F. Brennwald, Takoma Park, MD, appointed by the court, for appellant.

Diana M. Harris, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Thomas C. Black, and G. Paul Howes, Assistant United States Attorneys, Washington, DC, were on the brief, for appellee.

Before TERRY and RUIZ, Associate Judges, and MACK, Senior Judge.

TERRY, Associate Judge:

Appellant was convicted of distributing cocaine, D.C.Code § 33-541(a)(1) (1993), and first-degree murder (felony murder) while armed, D.C.Code §§ 22-2401, 22-3202 (1989).1 On appeal from the judgment of conviction, he contends that the trial court erred in failing to declare a mistrial when one of the government's witnesses said that appellant "always wore a bullet-proof vest," in allowing a witness...

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