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GILCHRIST v. UNITED STATES

No. 6590.

300 A.2d 453 (1973)

Irvin GILCHRIST, a/k/a Irvin Gilcrist, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 6, 1973.

Attorney(s) appearing for the Case

Richard T. Conway, Washington, D. C., appointed by this court, with whom Philip J. Harter, Washington, D. C., was on the brief, for appellant.

Lee Cross, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, Ann S. DuRoss and John S. Ransom, Asst. U. S. Attys., were on the brief, for appellee.

Before FICKLING, KERN and NEBEKER, Associate Judges.

FICKLING, Associate Judge:

Appellant was convicted after a nonjury trial of one count of carrying a pistol without a license, D.C.Code 1967, § 22-3204.

Appellant contends that the trial judge erred in failing to suppress the pistol which was seized from the waistband of his trousers. We agree and reverse.

On October 22, 1971, Officers Lee and Harvey of the Metropolitan Police Department were on routine patrol in plain clothes and in Officer Lee...

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