UNITED STATES v. SMITH

No. 6259.

293 A.2d 856 (1972)

UNITED STATES, Appellant, v. Ralph SMITH, Appellee.

District of Columbia Court of Appeals.

Decided August 10, 1972.


Attorney(s) appearing for the Case

Harry J. McCarthy, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Richard L. Beizer, Asst. U. S. Attys., were on the brief, for appellant.

William Scott Bradbury, appointed by this court, for appellee.

Before PAIR, REILLY and YEAGLEY, Associate Judges.


YEAGLEY, Associate Judge:

The issue raised by this appeal is whether the order of the trial court granting appellee's motion to suppress evidence constituted error. The testimony on the motion was that at about 2 a. m. on October 22, 1971, two police officers, while in the men's rest room in the basement of the Greyhound Bus Terminal, noticed underneath the door of one of the pay toilet stalls two pairs of legs dressed in male attire. One of the officers peered through...

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