GORHAM v. UNITED STATES

Nos. 5992, 5995.

339 A.2d 401 (1975)

Laverne F. GORHAM, Appellant, v. UNITED STATES, Appellee. Chester WILLIAMS, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 7, 1975.


Attorney(s) appearing for the Case

M. Langhorne Keith, Washington, D. C., with whom John M. Ferren, Washington, D. C., was on the brief, for appellant Gorham.

Richard L. Hubbard, Washington, D. C., appointed by this court, for appellant Williams.

Ann K. Macrory, Washington, D. C., participated in the argument of this case for William Russell Franklin, whose appeal was consolidated with those of appellants Gorham and Williams for reargument before the court sitting en banc. A separate opinion was rendered in appellant Franklin's case.

Richard L. Cys, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, Robert C. Crimmins, Roger M. Adelman and Oscar Altshuler, Asst. U. S. Attys., were on the brief, for appellee.

Robert L. Palmer, Washington, D. C., with whom Robert N. Sayler, Washington, D. C., was on the brief, for the Washington Area Council on Alcoholism and Drug Abuse, Inc., as amicus curiae.

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


GALLAGHER, Associate Judge:

These cases were consolidated for trial1 and on appeal. After a panel of this court had issued a decision in Franklin v. United States (D.C.App.) 339 A.2d 398 the court en banc vacated that decision sua sponte and consolidated these appeals therewith for reargument before the court sitting en banc. The basic issue presented is whether...

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