POWELL v. UNITED STATES

No. 4513.

246 A.2d 641 (1968)

Luther L. POWELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 24, 1968.


Attorney(s) appearing for the Case

William J. Garber, Washington, D. C., appointed by this court, for appellant.

John James McKenna, Asst. U. S. Atty., with whom David G. Bress, U. S. Atty., Frank Q. Nebeker and Judith Ann Wilson, Asst. U. S. Attys., were on the brief, for appellee.

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


HOOD, Chief Judge:

Appellant, the only occupant of a stopped automobile, was asked by the police officer where was the gun which supposedly appellant had just previously fired at another man. Appellant replied he had no gun. With appellant's permission, the officer looked in the automobile and found a .22 caliber pistol under the driver's side of the front seat. The pistol was loaded and contained one empty shell.

Appellant was charged with carrying a pistol...

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