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UNITED STATES v. McCLOUGH

Nos. 4930, 4952 and 4953.

263 A.2d 48 (1970)

UNITED STATES, Appellant, v. Michael C. McCLOUGH, Leon E. Tyler, Appellees. UNITED STATES, Appellant, v. John W. PARKS, Appellee. UNITED STATES, Appellant, v. Michael C. McCLOUGH, Appellee.

District of Columbia Court of Appeals.

Reargued January 8, 1970.

Decided March 13, 1970.

Attorney(s) appearing for the Case

Daniel E. Toomey, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., and Roger E. Zuckerman, Henry F. Greene, Gregory C. Brady, Lawrence S. Margolis, Richard N. Stuckey, and John A. Terry, Asst. U. S. Attys., were on the brief, for appellant.

Sanford Z. Berman, Riverdale, Md., for appellee McClough. David Lamb, Bethesda, Md., for appellee Tyler. Nicholas L. Ruggieri, Bethesda, Md., was on the brief for appellees.

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

KERN, Associate Judge.

Appellees McClough and Tyler were charged with being present in an establishment at 1207-6½ Street, N.W., where they knew narcotic drugs were being dispensed, in violation of D.C.Code 1967, § 22-1515 (a) (hereinafter referred to as PIE).1

Appellees McClough and Parks were charged on an information with narcotics vagrancy in that they were found in a private residence in which narcotic drugs were...

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