Legal Opinion

Smith v. United States

District of Columbia Court of Appeals

Decided December 14, 1973No. 7051, 7085PublishedCited by 37 opinions

1Opinion of the Court

YEAGLEY, Associate Judge:

Appellants in this case, John N. Smith and James D. Brinkley, were tried jointly before a jury and convicted of armed robbery 1 and assault with a dangerous weapon. 2 They appeal from their convictions, jointly and separately assigning various errors which will later be discussed. We affirm Smith’s conviction for armed robbery, find the assault count was merged therein, and reverse both the convictions of Brinkley.

At 2:30 a. m. on July 20, 1972, the victim, John A. Webster, received a phone call from a person who identified herself as “Carolyn”. The caller asked…

2Cases cited15 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. Harrington v. CaliforniaSupreme Court of the United States · 1969
  3. Schneble v. FloridaSupreme Court of the United States · 1972
  4. Brown v. United StatesSupreme Court of the United States · 1973
  5. United States v. Michael Lemonakis, United States of America v. Paul EntenCourt of Appeals for the D.C. Circuit · 1973

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3Cited by37 opinions

  1. Johnson v. United StatesDistrict of Columbia Court of Appeals · 1996
  2. Sousa v. United StatesDistrict of Columbia Court of Appeals · 1979
  3. Jones v. United StatesDistrict of Columbia Court of Appeals · 1984
  4. Carpenter v. United StatesDistrict of Columbia Court of Appeals · 1981
  5. Scott v. United StatesDistrict of Columbia Court of Appeals · 1980

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