DISTRICT OF COLUMBIA v. BARRY

Nos. 21311-21314.

387 F.2d 860 (1967)

DISTRICT OF COLUMBIA, Appellant, v. Marion S. BARRY, Jr., Appellee. DISTRICT OF COLUMBIA, Appellant, v. Lester J. McKINNIE, Appellee. DISTRICT OF COLUMBIA, Appellant, v. Donald E. BROWN, Appellee. DISTRICT OF COLUMBIA, Appellant, v. Wesley C. BRYANT, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 30, 1967.


Attorney(s) appearing for the Case

Messrs. David P. Sutton and Richard W. Barton, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Charles T. Duncan, Corporation Counsel, and Hubert B. Pair, Principal Asst. Corporation Counsel, were on the brief, for appellant.

Mr. Frank D. Reeves, Washington, D. C., for appellees.

Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Lawrence Lippe, Asst. U. S. Attys., filed a brief on behalf of the United States of America, as amicus curiae.

Before McGOWAN, TAMM and ROBINSON, Circuit Judges.


TAMM, Circuit Judge:

Appellees were charged with disorderly conduct, and before the trial they moved to dismiss the charges on several grounds.1 The Court of General Sessions granted the motion on the ground, inter alia, that the United States Attorney rather than the Corporation Counsel had sole jurisdiction to prosecute the case. Subsequently, however, the dismissal was vacated "with respect to the jurisdictional [ground] * *...

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