RUSHING v. UNITED STATES

Nos. 11458, 11538.

381 A.2d 252 (1977)

Boyd RUSHING, Appellant, v. UNITED STATES, Appellee. David CHILDS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 14, 1977.

Rehearings and Rehearings en Banc Denied March 9, 1978.


Attorney(s) appearing for the Case

John J. Stanton, appointed by this court, for appellant Rushing.

Robert A. Robbins, Jr., Washington, D. C., appointed by this court, for appellant Childs.

Neil I. Levy, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, William C. White and Richard W. Hausler, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before KERN, GALLAGHER and MACK, Associate Judges.


MACK, Associate Judge:

In a prosecution for the possession of narcotics, defendants Rushing and Childs moved to suppress evidence obtained in the course of an allegedly illegal search and arrest. The sole witness at the hearing on the motion was Officer Cicioni who testified as follows. A woman who had furnished the police drug information before, but whose identity Cicioni did not know, called to say that two men, one of whom was wearing a white T-shirt, were selling...

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