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UNITED STATES v. CUMMINGS

Nos. 6422, 6437, 6438, 6443 and 6444.

301 A.2d 229 (1973)

UNITED STATES, Appellant, v. Thomas L. CUMMINGS, Appellee. UNITED STATES, Appellant. v. Christian F. TESTAMARK, Appellee. UNITED STATES, Appellant, v. Edward I. COOKE, Appellee. UNITED STATES, Appellant, v. Michael J. NORRIS, Appellee. UNITED STATES, Appellant, v. Herbert M. SETTLES, Appellee.

District of Columbia Court of Appeals.

Decided March 6, 1973.

Attorney(s) appearing for the Case

C. Madison Brewer, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, Timothy J. Reardon, III, and Joseph B. Valder, Asst. U. S. Attys., were on the brief, for appellant.

Arthur W. Campbell was on the brief for appellee Cummings.

R. Kenneth Mundy, Washington, D. C., for appellee Testamark.

No appearance was entered or brief filed on behalf of appellee Cooke.

William T. Shannon, Washington, D. C., for appellee Norris.

Charles Jarvis Murray, Washington, D. C., for appellee Settles.

E. Barrett Prettyman, Jr., Washington, D. C., filed a brief on behalf of the District of Columbia Bar as amicus curiae.

Before KERN, NEBEKER and YEAGLEY, Associate Judges.

PER CURIAM:

These five consolidated appeals by the government are from orders dismissing various informations charging appellees with misdemeanors. In four of the cases the dismissals were without prejudice. In the remaining case (No. 6443 (Norris)) the dismissal was specifically stated to be with prejudice for lack of speedy trial even though the trial court was aware that the case had been called for the first time that day. We reverse the orders of dismissal...

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