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UNITED STATES v. VENABLE

Nos. 7585 and 7622.

316 A.2d 857 (1974)

UNITED STATES, Appellant, v. MacArthur VENABLE, Appellee. UNITED STATES, Appellant, v. Daryl W. WALDEN, Appellee.

District of Columbia Court of Appeals.

Decided March 20, 1974.

Attorney(s) appearing for the Case

Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, John A. Terry, Richard L. Beizer, Henry F. Schuelke, III, and Richard A. Graham, Asst. U. S. Attys., were on the brief, for appellant.

Stephen S. Millstein, Washington, D. C., appointed by this court, for appellee in No. 7585. No brief was submitted.

Joseph H. Sharlitt, Washington, D. C., appointed by this court, for appellee in No. 7622. No brief was submitted.

Before REILLY, Chief Judge, and KELLY and YEAGLEY, Associate Judges.

PER CURIAM:

These are appeals by the government from an order of the trial court, in each case dismissing that part of each indictment charging that defendant "having been committed to a penal institution . . . did escape therefrom" in violation of D.C. Code 1973, § 22-2601. They were not charged with escaping "from the custody of any other officer thereof or any other officer or employee of the District of Columbia" as provided in that section. The trial court...

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