DUNCAN v. UNITED STATES

Nos. 20178, 20179.

379 F.2d 148 (1967)

Calvin DUNCAN, Jr., Appellant, v. UNITED STATES of America, Appellee. Calvin DUNCAN, Jr., Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 18, 1967.


Attorney(s) appearing for the Case

Messrs. Peter R. Sherman and David E. Aaronson, Washington, D. C. (both appointed by this court), for appellant.

Mr. Geoffrey M. Alprin, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker, Henry J. Monahan and Allan M. Palmer, Asst. U. S. Attys., were on the brief, for appellee in No. 20,178. Mr. Dean W. Determan, Asst. U. S. Atty. at the time the record was filed, also entered an appearance for appellee in No. 20,178.

Mr. David P. Sutton, Asst. Corp. Counsel for District of Columbia, with whom Messrs. Charles T. Duncan, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel at the time the brief was filed, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee in No. 20,179. Mr. Richard W. Barton, Asst. Corp. Counsel, also entered an appearance for appellee in No. 20,179.

Mr. Glen O. Robinson, Washington, D. C., filed a brief on behalf of National Capital Area Civil Liberties Union, as amicus curiae, urging reversal.

Before FAHY, LEVENTHAL and ROBINSON, Circuit Judges.


FAHY, Circuit Judge:

Appellant was tried by a judge without a jury in the District of Columbia Court of General Sessions, and in a single session of the court was convicted of disorderly conduct, in violation of D.C.Code § 22-1107, and of simple assault, in violation of D.C.Code § 22-504. He was sentenced to ninety-days imprisonment for the former, and concurrently to one year for the latter. The District of Columbia...

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