GREER v. U.S.

No. 94-CF-1418.

697 A.2d 1207 (1997)

Jonathan GREER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 17, 1997.


Attorney(s) appearing for the Case

Sandra K. Levick, Public Defender Service, with whom James Klein, Samia Fam, and M.L. Armstrong, Public Defender Service, were on the brief, for appellant.

Mary-Patrice Brown, Assistant United States Attorney, with whom Eric H. Holder, Jr., United States Attorney, and John R. Fisher, Roy W. McLeese, III, and James S. Sweeney, Assistant United States Attorneys, were on the brief, for appellee.

Before WAGNER, Chief Judge, and TERRY and RUIZ, Associate Judges.


TERRY, Associate Judge:

Appellant Greer was convicted of distributing cocaine.1 On appeal he makes several arguments for reversal, but we need consider only one. We hold that the trial judge erred in instructing the jury that it could not base its verdict "on evidence that has not been presented," and that this error, viewed in the context of the entire trial, was not harmless. We therefore reverse the conviction and remand the case for...

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