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HERMANN v. UNITED STATES

Nos. 4860, 4861.

259 A.2d 347 (1969)

Friedrich HERMANN, Appellant, v. UNITED STATES, Appellee. Olaf FENNEKOHL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 2, 1969.

Attorney(s) appearing for the Case

James Hamilton, Washington, D. C., with whom John H. Schafer and Ralph J. Temple, Washington, D. C., were on the brief, for appellants.

Charles F. Scarlata, Atty., Dept. of Justice, with whom David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before CAYTON, Chief Judge, Retired, and QUINN and MYERS, Associate Judges, Retired.

CAYTON, Judge.

The two appellants were convicted of knowingly presenting an obscene motion picture in a theater in the District of Columbia. D.C.Code 1967, § 22-2001(a) (1969 Supp.). A jail sentence of 60 days plus a fine was imposed on one appellant, and the other was ordered to pay a fine or in lieu thereof to serve 30 days in jail. The judge also ordered the film condemned.

Bringing the case here for review, appellants contend that the Government failed...

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