DISTRICT OF COLUMBIA v. GRIMES

No. 21555.

404 F.2d 1337 (1968)

DISTRICT OF COLUMBIA v. Mark GRIMES, Defendant.

United States Court of Appeals District of Columbia Circuit.

Decided March 28, 1968.


Attorney(s) appearing for the Case

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

Mr. Lawrence H. Schwartz, Washington, D. C., with whom Mr. David C. Niblack, Washington, D. C. (both appointed by the District of Columbia Court of General Sessions) was on the brief for defendant.

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:

Despite our concise holding in District of Columbia v. Moody, 113 U.S.App.D.C. 67, 304 F.2d 943 (1962) we are again presented herein with the question whether the prosecution of charges of disorderly conduct in violation of D.C.CODE § 22-1107 (1967)1 is within the jurisdiction of the Corporation Counsel or of the United States Attorney. The statute involved is set forth in its...

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