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WILSON v. U.S.

No. 96-CF-1365.

711 A.2d 75 (1998)

John H. WILSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 19, 1998.

Filed May 7, 1998.

Attorney(s) appearing for the Case

Steven R. Kiersh, appointed by this court, for appellant.

Mary Lou Leary, United States Attorney, with whom John R. Fisher, Thomas C. Black, Robert A. Feitel, David L. Smith and Renate D. Staley, Assistant United States Attorneys, were on the brief, for appellee.

Before WAGNER, Chief Judge, and REID, Associate Judge, and KERN, Senior Judge.

PER CURIAM:

After a jury trial, Appellant John H. Wilson was convicted of one count of second degree murder while armed, in violation of D.C.Code §§ 22-2403, -3202 (1996).1 He filed a timely appeal. He contends that the trial court erred by giving a jury instruction on second degree murder as a lesser included offense where the government tried the matter as a first degree murder case...

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