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BURROUGHS v. UNITED STATES

Nos. 4311, 4312.

236 A.2d 319 (1967)

Robert G. BURROUGHS, Appellant, v. UNITED STATES, Appellee. Robert G. BURROUGHS, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided December 12, 1967.

Attorney(s) appearing for the Case

Charles B. Sullivan, Jr., Washington, D. C., appointed by this court, for appellant.

Lee A. Freeman, Jr., Asst. U. S. Atty., for appellee, United States. David G. Bress, U. S. Atty., Frank Q. Nebeker, Richard M. Cahill and Geoffrey M. Alprin, Asst. U. S. Attys., were on the brief.

John R. Hess, Asst. Corp. Counsel, with whom Charles T. Duncan, Corp. Counsel and Hubert B. Pair, Asst. Corp. Counsel, were on the brief, for appellee, District of Columbia.

John C. Cratsley, Washington, D. C., filed a brief as amicus curiae, urging reversal.

Before HOOD, Chief Judge, MYERS, Associate Judge, and QUINN (Associate Judge, Retired).

QUINN, Judge.

Appellant was charged in two informations with drinking in public and possession of marihuana. He was found guilty of the former offense by the court and guilty of the latter by a jury. He appeals from the conviction of possession of marihuana.

Facts surrounding these offenses are as follows:

The arresting officer testified that he was cruising in a scout car in the vicinity of 17th Street, N. W. At approximately 2:30 a. m., he noticed...

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