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UNITED STATES v. CAVINESS

No. 3279.

192 A.2d 288 (1963)

UNITED STATES of America, Appellant, v. James E. CAVINESS, Appellee.

District of Columbia Court of Appeals.

Decided September 17, 1963.

Attorney(s) appearing for the Case

Gerald A. Messerman, Asst. U. S. Atty., with whom David C. Acheson, U. S. Atty., Frank Q. Nebeker and Paul A. Renne, Asst. U. S. Attys., were on the brief, for appellant.

William B. Bryant, Washington, D. C., with whom Theodore R. Newman, Jr., Washington, D. C., was on the brief, for appellee.

Before HOOD, Chief Judge, and QUINN and MYERS, Associate Judges.

MYERS, Associate Judge.

Defendant was charged by information with violation of Sec. 22-103, D.C.Code 1961,1 in that he did "attempt without justifiable and excusable cause to impede, interfere with or resist an officer of the Metropolitan Police Department" while in the performance of his official duties. The specific acts charged included pushing an officer, breaking away and running.

The trial judge granted defendant's motion...

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