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DAVIS v. UNITED STATES

No. 80-946.

448 A.2d 242 (1982)

James Murphy DAVIS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 1, 1982.

Attorney(s) appearing for the Case

Sidney R. Bixler, Washington, D. C., appointed by the court, for appellant.

Gayle D. Hargrove, Asst. U. S. Atty., with whom Stanley S. Harris, U. S. Atty., John A. Terry, Michael W. Farrell, and A. Carlos Correa, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before KERN, PRYOR and BELSON, Associate Judges.

PER CURIAM:

In this appeal, appellant challenges his conviction after a jury trial of one count of unlawful possession of marijuana, D.C.Code 1973, § 33-402. The sole issue we address is whether the trial court's instruction to the jury permitted the jury to find appellant guilty of possession of marijuana without a unanimous verdict as to which incident constituted unlawful possession.1 We find the instruction to be erroneous and...

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