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$3,265.28 IN U. S. CURRENCY v. DISTRICT OF COLUMBIA

No. 4299.

249 A.2d 516 (1969)

$3,265.28 IN UNITED STATES CURRENCY (Preston Brewington and Vera Brewington), Appellants, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided January 28, 1969.

Attorney(s) appearing for the Case

William J. Garber, Washington, D. C., for appellants.

John R. Hess, Asst. Corporation Counsel, with whom Charles T. Duncan, Corporation Counsel, and Hubert B. Pair, Principal Asst. Corporation Counsel, were on the brief for appellee.

Before KELLY, FICKLING and KERN, Associate Judges.

KERN, Associate Judges.

This is an appeal from a judgment in a libel proceeding pursuant to D.C.Code 1967, § 22-1505(c), which declared $3,265.28 forfeit to the District of Columbia because the money was "used or to be used" in carrying on a lottery.1 We affirm.

On June 3, 1966, police officers executed a search warrant based upon alleged violations of the Alcoholic Beverage Control Act and directed to the entire premises...

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