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UNITED STATES v. COZART

No. 7760.

321 A.2d 342 (1974)

UNITED STATES, Appellant, v. MacArthur COZART, Appellee.

District of Columbia Court of Appeals.

Decided June 17, 1974.

Rehearing and Rehearing en Banc Denied July 31, 1974.

Attorney(s) appearing for the Case

Garey G. Stark, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., at the time the brief was filed, John A. Terry and Edward C. McGuire, Asst. U. S. Attys., were on the brief, for appellant.

Clifford P. Brown, Washington, D. C., appointed by this court, for appellee.

Before FICKLING and NEBEKER, Associate Judges, and PAIR, Associate Judge, Retired.

FICKLING, Associate Judge:

Appellee was charged with the sexual solicitation of another male for a lewd and immoral purpose in violation of D.C.Code 1973, § 22-2701.1 The motions judge, after a hearing, granted appellee's motion to dismiss the information on the ground that § 22-2701, on its face or as applied, violated the constitutional guarantee of equal protection. The government...

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