UNITED STATES v. GREEN

No. 5671.

284 A.2d 879 (1971)

UNITED STATES, Appellant, v. James Albert GREEN et al., Appellees.

District of Columbia Court of Appeals.

Decided December 20, 1971.


Attorney(s) appearing for the Case

John E. Drury, III, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry, James A. Caulfield and James F. McMullin, Asst. U. S. Attys., were on the brief, for appellant.

Reuben Bonnett, Silver Spring, Md., for appellee Seibert.

Robert Eugene Smith, Towson, Md., of the bar of the State of Maryland, pro hac vice, by special leave of court, for appellees Rhoat, Epstein, Martell, Kramer and Gower. Kenneth D. Wood, Gaithersburg, Md., was on the brief for appellees Rhoat, Epstein, Martell, Kramer and Gower.

H. Clifford Allder, Washington, D. C., entered an appearance for appellee Denniberg.

Stanley M. Dietz, Washington, D. C., was on the brief for appellees Eckley, Pryba and Huffman.

Nicholas A. Addams, Washington, D. C., entered an appearance for appellee Farina.

Harold Gordon, Washington, D. C., entered an appearance for appellee Ottenstein.

No appearances were entered for appellees Green, Deane, Remsnyder and Hawkins.

Before KELLY, PAIR and YEAGLEY, Associate Judges.


KELLY, Associate Judge:

This appeal presents the issue of whether an adversary hearing on the issue of obscenity was a prerequisite to the issuance of warrants for appellees' arrests.1 As our answer to that question is in the negative, we reverse the judgment of the trial court quashing the arrest warrants and dismissing the informations without prejudice.

On various dates between June...

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