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UNITED STATES v. BERRY

Nos. 71-1135 and 71-1231 to 71-1234.

463 F.2d 1278 (1972)

UNITED STATES of America v. Sherman A. BERRY, Appellant. UNITED STATES of America v. Rudolph E. SOMERS, Appellant. UNITED STATES of America v. Shirley F. SPEARMAN, Appellant. UNITED STATES of America v. Paul GRAY, Appellant. UNITED STATES of America v. Bessie I. BERRY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 1, 1972.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C., with whom Mr. William A. Borders, Washington, D. C., was on the brief, for appellants.

Mr. Robert S. Tignor, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., at the time the brief was filed, John A. Terry and James E. Sharp, Asst. U. S. Attys., and Donald T. Bucklin, Asst. U. S. Atty., at the time the brief was filed, were on the brief, for appellee. Mr. Harold H. Titus, Jr., present U. S. Atty., also entered an appearance for appellee.

Before LEVENTHAL and ROBB, Circuit Judges, and MATTHEWS, U. S. Senior District Judge for the District of Columbia.

MATTHEWS, Senior District Judge:

In a prosecution under a multiple count indictment appellants were convicted of violating the gambling laws. Appellants Sherman A. Berry and Rudolph E. Somers were convicted of operating a lottery in violation of 22 D.C.Code § 1501. They were also convicted, along with appellants Paul Gray and Shirley F. Spearman, of maintaining gambling premises at 3416 Eads Street, N.E., Washington, D.C., in violation of 22 D.C. Code §...

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