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SMITH v. U.S.

No. 94-CF-569.

687 A.2d 1356 (1996)

Darius SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 30, 1996.

Attorney(s) appearing for the Case

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

Leanne Shaltis, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Roy W. McLeese, III, and Ronald L. Walutes, Assistant United States Attorneys, were on the brief, for appellee.

Before WAGNER, C.J., and SCHWELB and FARRELL, Associate Judges.

WAGNER, Chief Judge:

Appellant, Darius Smith, was indicted for premeditated first degree murder while armed (D.C.Code §§ 22-2401 and -3202 (1996)), possession of a pistol during a crime of violence or dangerous offense (D.C.Code § 22-3204(b) (1996)), and carrying a pistol without a license (D.C.Code § 22-3204(a) (1996)). Following a jury trial, Smith was acquitted of the first degree murder charge, but found guilty of the lesser offense of second...

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