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SMITH v. U.S.

No. 94-CF-569.

709 A.2d 78 (1998)

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

District of Columbia Court of Appeals.

Decided March 26, 1998.

Attorney(s) appearing for the Case

Samia Fam, Public Defender Service, with whom James Klein, Public Defender Service, was on the brief, for appellant.

John R. Fisher, Assistant United States Attorney, with whom Mary Lou Leary, United States Attorney at the time the brief was filed, was on the brief, for appellee.

Roger M. Adelman, Washington, DC, appointed by the court, filed a brief as amicus curiae.*

Before WAGNER, Chief Judge, and TERRY, STEADMAN, SCHWELB, FARRELL, KING, RUIZ and REID, Associate Judges.

WAGNER, Chief Judge:

Appellant, Darius Smith, was convicted after a jury trial of second degree murder while armed and related weapons offenses.1 Over Smith's objection, the trial court instructed the jury on the meaning of reasonable doubt using portions of FEDERAL JUDICIAL CENTER, PATTERN CRIMINAL JURY INSTRUCTIONS, No. 21 (1988) (FJC instruction) instead of the standard instruction generally...

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