UNITED STATES v. FRYE

No. 5341.

271 A.2d 788 (1970)

UNITED STATES, Appellant, v. Randolph Woodrow FRYE, Appellee.

District of Columbia Court of Appeals.

Decided December 22, 1970.


Attorney(s) appearing for the Case

Charles H. Roistacher, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Percy H. Russell, Jr., Asst. U. S. Attys., were on the brief, for appellant.

Eric R. Fox, Washington, D. C., for appellee.

Before HOOD, Chief Judge, and KELLY and GALLAGHER, Associate Judges.


GALLAGHER, Associate Judge:

This is an appeal by the Government from the grant of a motion to suppress evidence. Appellee was charged by information with carrying a pistol without a license,1 and a motion to suppress the gun was initially denied after an evidentiary hearing.

Appellee's case was certified to another judge for trial and at that time he attempted to relitigate the motion to suppress but was not permitted to do so...

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