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HARRIS v. UNITED STATES

No. 6172.

315 A.2d 569 (1974)

David Gary HARRIS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 11, 1974.

Attorney(s) appearing for the Case

Peter J. Levin, Washington, D. C., with whom Michael P. Goldenburg, Washington, D. C., was on the brief, for appellant. Robert A. W. Boraks, American Civil Liberties Union Fund, Washington, D. C., was also on the brief for appellant.

John C. Lenahan, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and John F. Finnegan, Asst. U. S. Attys. were on the brief, for appellee.

Before REILLY, Chief Judge, and KELLY, FICKLING, KERN, GALLAGHER, NEBEKER, PAIR, YEAGLEY and HARRIS, Associate Judges, sitting en banc.

KERN, Associate Judge:

Appellant was charged by an information with keeping a bawdy or disorderly house, specifically, "a premises resorted to for homosexual activities," in violation of D.C.Code 1973, § 22-2722.1 At trial,2 appellant's counsel in his opening statement conceded that appellant "owns and runs" the Regency Health Club, but asserted that it was a "homosexual health club," not a disorderly...

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