UNITED STATES v. BROWN

No. 6831.

309 A.2d 256 (1973)

UNITED STATES, Appellant, v. David L. BROWN and Frederick D. Nash, Appellees.

District of Columbia Court of Appeals.

Decided August 30, 1973.


Attorney(s) appearing for the Case

Richard L. Beizer, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, Charles F. Flynn, and James F. Flanagan, Asst. U. S. Attys., were on the brief, for appellant.

John M. Pitkin, Silver Spring, Md., appointed by this court, for appellee Brown. Barney M. Robbin, Washington, D. C., also appointed by this court, filed a statement on behalf of appellee Nash adopting the brief of appellee Brown.

Before FICKLING, KERN and PAIR, Associate Judges.


PAIR, Associate Judge:

This appeal by the government1 challenges an order of the trial court dismissing without prejudice indictments filed August 22, 1972, each charging appellees in two counts with violations of D. C. Code 1967, § 22-1506.2 Appellees were initially indicted on February 29, 1972, under the same Code section, it being charged that "[o]n or about December 24, 1971, within the District of...

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