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  5. 676 A.2d 910 (1996)
 

SHORT v. U.S.

Nos. 95-CF-353, 95-CF-412.

676 A.2d 910 (1996)

Ricardo O. SHORT, Appellant, v. UNITED STATES, Appellee, Jerome L. McCLINTON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 23, 1996.

Attorney(s) appearing for the Case

Camille M. Weithers, New York City, for appellant Short.

Rozan E. Cater, Washington, DC, for appellant McClinton.

Chun T. Wright, Assistant United States Attorney, Washington, DC, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Thomas J. Tourish, Jr., and Mark J. Carroll, Assistant United States Attorneys, were on the brief, for appellee.

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

FARRELL, Associate Judge:

A offers B a forged Metro flashpass for ten dollars, seventeen dollars less than its face value. B, knowing the flashpass is a fake, accepts the offer. Has A committed the crime of uttering (D.C.Code § 22-3841 (1989))? Appellants say no because A did not represent the flashpass to be genuine — he did not intend to defraud B. The trial judge, assuming the jury could find the facts essentially...

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