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UNITED STATES v. FRASER

No. 8435.

330 A.2d 761 (1975)

UNITED STATES, Appellant, v. William J. FRASER and Francis P. Nugent, Jr., Appellees.

District of Columbia Court of Appeals.

Decided January 7, 1975.

Attorney(s) appearing for the Case

Jeffrey T. Demerath, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the opposition to appellees' motion to dismiss, for appellant. Joseph F. McSorly, Asst. U. S. Atty., entered an appearance on behalf of appellant.

Thomas Lumbard, Washington, D. C., appointed by this court for appellee Nugent, for appellees. Betty J. Clark, Washington, D. C., appointed by this court for appellee Fraser, was on the motion to dismiss.

Before REILLY, Chief Judge, and KERN and NEBEKER, Associate Judges.

NEBEKER, Associate Judge:

The motion to dismiss this government appeal is based on asserted untimeliness of the notice of appeal. The motion is granted and the appeal is dismissed.

After the trial court's hearing on a motion to suppress tangible evidence, the court orally granted the motion. The prosecutor then represented:

[A]s Your Honor knows, these matters are always reviewed by my superiors in my office as well as Mr. Terry to determine if appellate...

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