CAVANAUGH v. DISTRICT OF COLUMBIA

No. 23039.

441 F.2d 1039 (1971)

William C. CAVANAUGH, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 17, 1971.


Attorney(s) appearing for the Case

Mr. Lawrence H. Schwartz, Washington, D. C., for appellant.

Mr. David P. Sutton, Asst. Corporation Counsel for the District of Columbia, with whom Messrs. Hubert B. Pair, Acting Corporation Counsel at the time the brief was filed, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellee. Mr. Lewis D. Clarke, Asst. Corporation Counsel, also entered an appearance for appellee.

Messrs. Howard Adler, Jr., Bruce P. Saypol and Ralph J. Temple filed a brief on behalf of American Civil Liberties Union Fund of the National Capital Area as amicus curiae.

Before McGOWAN, MacKINNON and ROBB, Circuit Judges.


PER CURIAM:

This matter is before us on an allowance by the court en banc of leave to appeal from a denial of review in the District of Columbia Court of Appeals of a conviction for disorderly conduct in the Court of General Sessions, in respect of which appellant was sentenced to pay a fine of $25 or, in default thereof, to serve 5 days in jail. Our grant of leave to appeal was limited to the following issue:

"Was [appellant] entitled to appeal as...

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