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DISTRICT OF COLUMBIA v. RAY

No. 6830.

305 A.2d 531 (1973)

DISTRICT OF COLUMBIA, Appellant, v. Clarence RAY, Jr., Appellee. (One General Electric Adding Machine, Serial No. 509-570), (One General Electric Adding Machine, Serial No. 738-144), (One Clary Electric Adding Machine, Serial No. 178-95887), (One Underwood Hand-Operated Adding Machine, Serial No. 7380428140), and ($10,700.50 in United States Currency).

District of Columbia Court of Appeals.

Decided May 30, 1973.

Attorney(s) appearing for the Case

James N. Dulcan, Asst. Corp. Counsel, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., were on the brief, for appellant.

Charles T. Duncan, Washington, D. C., with whom Jessie M. Harris, Washington, D. C., was on the brief, for claimant-appellee.

Before KELLY, KERN and NEBEKER, Associate Judges.

NEBEKER, Associate Judge:

This is an appeal by the District of Columbia in a libel action aimed at money and equipment seized during execution of a search warrant for gambling material. Summary judgment was entered depriving the District of a factual hearing into the legality of the execution of a search warrant because in a prior criminal action brought by the United States, the United States District Court had determined on a motion to suppress that the search warrant...

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