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Williams v. United States

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Argued December 7, 2007

Before REID and GLICKMAN, Associate Judges, and FARRELL, Senior Judge.*fn1

We have held that where a single count of an indictment encompasses separate incidents on which a conviction could be based, the judge must instruct the jury that it has to reach unanimous agreement on at least one of the incidents in order to return a verdict of guilty. Appellant David Williams requested such a jury instruction in this case with respect to the charge that he had threatened to injure Rhea Shaw, his former girlfriend, in violation of D.C. Code § 22-1810 (2001). The judge’s denial of the requested unanimity instruction requires us to reverse appellant’s conviction on that count.

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