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LEE v. UNITED STATES

Nos. 81-1300, 81-1379 and 81-1390.

454 A.2d 770 (1982)

Larry T. LEE, Appellant, v. UNITED STATES, Appellee. Alvin C. HINES, Appellant, v. UNITED STATES, Appellee. John P. McILWAIN, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 29, 1982.

Attorney(s) appearing for the Case

Charles S. Carroccio, Jr., Washington, D.C., appointed by this court for appellant Hines.

Barbara R. Miller, Public Defender Service, with whom William J. Mertens, Public Defender Service, Washington, D.C., was on the brief, for appellant McIlwain.

Thomas P. Murphy, Asst. U.S. Atty., Washington, D.C., with whom Stanley S. Harris, U.S. Atty., John A. Terry, Asst. U.S. Atty., Washington, D.C., at the time the brief was filed, and F. Joseph Warin, Asst. U.S. Atty., Washington, D.C., were on the brief, for appellee.

Edward Gross, appointed by this court, Fairfax, Va., for appellant Lee.

Before NEWMAN, Chief Judge, and KERN and BELSON, Associate Judges.

KERN, Associate Judge:

Appellants challenge their convictions of second degree burglary while armed, D.C. Code 1981, §§ 22-1801, -3202, upon grounds, primarily, 1) that a mistrial should have been ordered when it appeared that one of the jurors was probably under the influence of alcohol during a part of the deliberations, and 2) that the trial judge erred in not making adequate inquiry into that juror's competence and the extent of the alleged insobriety...

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