FISHER v. U.S.

No. 96-CF-732.

749 A.2d 710 (2000)

Eric FISHER, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 9, 2000.


Attorney(s) appearing for the Case

William T. Morrison, Silver Spring, MD, appointed by the court, for appellant.

Alex J. Bourelly, Assistant United States Attorney, with whom Wilma A. Lewis, United States Attorney, and John R. Fisher and Elizabeth H. Danello, Assistant United States Attorneys, were on the brief, for appellee.

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


FARRELL, Associate Judge:

This appeal presents a variation on the theme of inconsistent verdicts in a criminal case, arising from the fact that, as to each victim, the jury was given cumulative opportunities to consider second degree murder as a lesser included offense, when it should have been told to return a single verdict on that charge.

On the basis of two slayings in the course of an armed burglary and robbery, appellant Fisher was charged with (inter...

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