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EASTER v. DISTRICT OF COLUMBIA

No. 3636.

209 A.2d 625 (1965)

DeWitt EASTER, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided April 29, 1965.

Attorney(s) appearing for the Case

Peter Barton Hutt, Washington, D. C., with whom Michael S. Horne, Washington, D. C., was on the brief, for appellant.

Ted D. Kuemmerling, Asst. Corp. Counsel, with whom Chester H. Gray, Corp. Counsel, Milton D. Korman, Principal Asst. Corp. Counsel, and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee.

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

MYERS, Associate Judge.

This appeal stems from appellant's conviction for public intoxication in violation of 25 D.C.Code 1961, § 128(a).1 The trial judge found him guilty, sentenced him to serve 90 days in jail and suspended execution thereof. There was no dispute that when arrested appellant was in fact drunk in a public place, as charged, although he entered a plea of not guilty.

Appellant presented proof that he was a...

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