Watts v. United States

HARRIS, Associate Judge:

A jury found appellant guilty of burglary in the first degree, D.C.Code 1973, § 22-1801 (a), and two counts of assault with a dangerous weapon, id. § 22-502.

In an opinion issued November 26, 1974, a division of this court, by a vote of 2-1, reversed the convictions and ordered a new trial on the ground that the trial court erred in instructing the jury that if it found that all elements of the charged offenses had been proven beyond a reasonable doubt, it “must find” appellant guilty. 328 A.2d 770. The majority accepted appellant’s argument that such an instruction was…