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BAILEY v. UNITED STATES

No. 3939.

223 A.2d 190 (1966)

Robert P. BAILEY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 3, 1966.

Attorney(s) appearing for the Case

Roy M. Ellis, Washington, D. C., for appellant.

Edward T. Miller, Asst. U. S. Atty., with whom David G. Bress, U. S. Atty., and Frank Q. Nebeker and William L. Davis, Asst. U. S. Attys., were on the brief, for appellee.

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

QUINN, Associate Judge:

This appeal questions the scope of D.C. Code Section 22-1502 which proscribes the knowing possession of certain items used or to be used in lotteries and other forms of gambling.1 Appellant was convicted under that section in a nonjury trial and sentenced to pay a fine of $500 or serve sixty days.

The facts are not in dispute. The arresting officer testified that he and his partner had resumed their surveillance...

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