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UNITED STATES v. McKEAN

No. 7455.

338 A.2d 439 (1975)

UNITED STATES, Appellant, v. Joel L. McKEAN et al., Appellees.

District of Columbia Court of Appeals.

May 30, 1975.

Attorney(s) appearing for the Case

Earl J. Silbert, U. S. Atty., John A. Terry, Barry L. Leibowitz, and Donald L. Abrams, Asst. U. S. Attys., were on the Motion for Summary Reversal for appellant.

Glenn R. Graves, Washington, D. C., was on the Opposition to Motion for Summary Reversal for appellees.

Before KELLY, GALLAGHER and NEBEKER, Associate Judges, in chambers.

NEBEKER, Associate Judge:

On February 16, 1973, appellees were charged in separate informations with attempted sodomy in violation of D.C.Cole 1973, §§ 22-103 and 22-3502. The trial court granted appellees' motions to dismiss the informations, ruling that the acts alleged in the informations were engaged in by consenting adults in the privacy of closed cubicles or rooms in the Regency Health Club and thus were outside the proscription of the sodomy statute...

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