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RUCKER v. UNITED STATES

No. 3705.

212 A.2d 766 (1965)

John E. RUCKER, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 25, 1965.

Attorney(s) appearing for the Case

William J. Garber, Washington, D. C., for appellant.

David W. Miller, Asst. U. S. Atty., argued for appellee. David C. Acheson, U. S. Atty., Frank Q. Nebeker, Edward T. Miller, and Carol Garfiel, Asst. U. S. Attys., were on the brief for appellee.

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

QUINN, Associate Judge:

Appellant was convicted of a charge of narcotics vagrancy in violation of Code 1961, § 33-416a, which provides punishment for

"* * * any person who is a narcotic drug user * * * and who — "(A) having no lawful employment or visible means of support realized from a lawful occupation or source, is found mingling with others in public or loitering in any park or other public place and fails to give a good account...

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