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DISTRICT OF COLUMBIA v. SMITH

Nos. 8780, 8805, 8806.

329 A.2d 128 (1974)

In the Matters of DISTRICT OF COLUMBIA v. Robert Earl SMITH and George Cecil Lucas, Jr. DISTRICT OF COLUMBIA v. James WEST. DISTRICT OF COLUMBIA v. Theodore CAMPBELL.

District of Columbia Court of Appeals.

Decided November 26, 1974.

Attorney(s) appearing for the Case

David P. Sutton, Asst. Corp. Counsel, Washington, D. C., with whom C. Francis Murphy, Corp. Counsel, Louis P. Robbins, Principal Asst. Corp. Counsel, and Richard W. Barton, Asst. Corp. Counsel, Washington, D. C., were on the memorandum, for District of Columbia.

Jonathan B. Marks, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the memorandum, for the U. S.

Paula K. Miller, and Gary J. Kushner, law student counsels, with whom Antonio R. Salazar, law student counsel, was on the memorandum, for Messrs. Smith, Lucas, West, and Campbell. Sandra Rothenberg, Arlington, Va., and C. Michael Schatzow were supervising attorneys; David Niblack, Washington, D. C., also entered an appearance for defendants Smith and Lucas.

Before GALLAGHER, YEAGLEY and HARRIS, Associate Judges.

HARRIS, Associate Judge:

These cases are before us on certification pursuant to D.C.Code 1973, § 23-101(f). Each of the defendants was charged by the Corporation Counsel with tampering with a parked vehicle in violation of Art. 25, § 15, of the Police Regulations of the District of Columbia. The defendants challenged the authority of the Corporation Counsel to prosecute them, contending that the United States Attorney is the proper prosecutorial authority...

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