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NICHOLSON v. UNITED STATES

No. 10294.

368 A.2d 561 (1977)

Irene J. NICHOLSON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided January 10, 1977.

Attorney(s) appearing for the Case

Leonard J. Bonner, Oxon Hill, Md., appointed by the court, for appellant.

Earl J. Silbert, U.S. Atty., Washington, D.C., with whom John A. Terry, Harry R. Benner and Andrea L. Harnett, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Before KELLY, KERN and HARRIS, Associate Judges.

KELLY, Associate Judge:

Appellant Nicholson was convicted by a jury of second-degree murder of the late Margaret Morant and of assault with a deadly weapon upon the complainant Dorothy Yancey.1 She contends on appeal that the trial court erred in (1) failing, upon objection, to declare inadmissible an incriminating statement of the deceased made shortly before her death; (2) failing, sua sponte, to give an intoxication defense instruction...

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