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MONTGOMERY v. UNITED STATES

No. 5198.

268 A.2d 271 (1970)

Wayne Ronald MONTGOMERY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 28, 1970.

Attorney(s) appearing for the Case

Sol Rosen, Washington, D. C., appointed by this court, for appellant.

Warren L. Miller, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and Philip L. Cohan, Asst. U. S. Attys., were on the brief, for appellee.

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

HOOD, Chief Judge:

This is an appeal from a conviction of attempted unauthorized use of a motor vehicle. Two police officers testified that at about 5:30 a. m. in response to a radio call reporting "drag racing" at a named location, they went there and observed an automobile, in a wide alley, going rapidly in circles, with the tires squealing; that when the car stopped, appellant, the only occupant, stepped out. One officer asked appellant for his permit and registration...

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