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UNITED STATES v. HARVEY

No. 10843.

377 A.2d 411 (1977)

UNITED STATES, Appellant, v. Paul J. HARVEY, Appellee.

District of Columbia Court of Appeals.

Decided August 29, 1977.

Opinions Vacated on Grant of Rehearing en Banc November 23, 1977.

Attorney(s) appearing for the Case

William J. O'Malley, Jr., Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty. and John A. Terry and Albert H. Turkus, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellant.

Thomas W. Farquhar, Washington, D. C., appointed by the court, for appellee.

Before NEBEKER and HARRIS, Associate Judges, and PAIR, Associate Judge, Retired.

HARRIS, Associate Judge:

The government appeals from the trial court's order dismissing an indictment for first-degree burglary, D.C.Code 1973, § 22-1801(a), and petit larceny, id. § 22-2202. We have jurisdiction to hear the appeal under § 23-104(c) of the Code unless the Double Jeopardy Clause of the Fifth Amendment erects a constitutional barrier. We conclude that it does not, and reverse.

I

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