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STRONG v. U.S.

No. 94-CF-672.

665 A.2d 194 (1995)

Keri J. STRONG, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided September 14, 1995.

Attorney(s) appearing for the Case

Lesley Zork, Public Defender Service, with whom James Klein and David Reiser, Public Defender Service, were on the brief, for appellant.

Nancy B. Bukas, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Assistant United States Attorney, were on the brief, for appellee.

Before FERREN and KING, Associate Judges, and GALLAGHER, Senior Judge.

Dissenting opinion by Associate Judge FERREN at p. 199.

GALLAGHER, Senior Judge:

This case involves a "missing witness" whose identity was revealed to the jury by the complainant and who was an eyewitness to the alleged criminal activity, but whom the prosecution never called at trial. The trial court denied appellant's request for a missing witness instruction. We hold that the trial court did not err in its ruling on the instruction as the missing witness...

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