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UNITED STATES v. KELLY

No. 5885.

285 A.2d 694 (1972)

UNITED STATES, Appellant, v. Michael Harry KELLY, Appellee.

District of Columbia Court of Appeals.

Decided January 11, 1972.

Attorney(s) appearing for the Case

Roger M. Adelman, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., John A. Terry and John J. Mulrooney, Asst. U. S. Attys., were on the brief, for appellant.

Mary Lee Garfield, Washington, D. C., appointed by this court, for appellee.

Before HOOD, Chief Judge, and KELLY and PAIR, Associate Judges.

PAIR, Associate Judge:

This case brings to light an ambiguity in the Criminal Rules of the Superior Court of the District of Columbia (hereinafter referred as the "Rules"), and we take this opportunity to clarify it. Appellee was arrested on a charge of petit larceny.1 The arrest was made without a warrant, on the basis of a verbal description by the complaining witness who was not under oath. The accused was brought before the court and...

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