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UNITED STATES v. SHIELDS

No. 11190.

366 A.2d 454 (1976)

UNITED STATES, Appellant, v. Morris J. SHIELDS, Appellee.

District of Columbia Court of Appeals.

November 12, 1976.

Attorney(s) appearing for the Case

Robert E. Clem, Washington, D.C., was on the motion for appellee.

Earl J. Silbert, U. S. Atty., John A. Terry and Daniel A. DeRose, Asst. U. S. Attys., Washington, D.C., were on the opposition to motion to dismiss for appellant.

Before NEBEKER, Associate Judge, REILLY, Chief Judge, Retired, and PAIR, Associate Judge, Retired, in chambers.

NEBEKER, Associate Judge:

Appellee moves to dismiss this appeal brought by the government pursuant to D. C.Code 1973, § 23-104(a) (1), from, a pretrial evidentiary ruling in a criminal case. We hold that the ruling is not appealable and dismiss the appeal.

Appellee was charged in a four-count indictment with one count of rape while armed, two counts of rape, and one count of assault with a dangerous weapon. According to the indictment, defendant was charged...

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