DISTRICT OF COLUMBIA v. M.M.

Nos. 14242, 14244.

407 A.2d 698 (1979)

DISTRICT OF COLUMBIA, Appellant, v. M.M., Appellee. DISTRICT OF COLUMBIA, Appellant, v. J.F.H., Jr., Appellee.

District of Columbia Court of Appeals.

Decided October 29, 1979.


Attorney(s) appearing for the Case

David P. Sutton, Asst. Corp. Counsel, Washington, D. C., with whom Louis P. Robbins, Acting Corp. Counsel, Washington, D. C., at the time the brief was filed, and Richard W. Barton, Deputy Corporation Counsel, Washington, D. C., were on the brief, for appellant.

John F. Lillard, Washington, D. C., appointed by this court, for appellee M.M.

Silas J. Wasserstrom, Public Defender Service, Washington, D. C., with whom Richard A. Rosen, Public Defender Service, Washington, D. C., was on the brief, for appellee J.F.H., Jr. Joseph Brawner, Public Defender Service, Washington, D. C., also entered an appearance for appellee J.F.H., Jr.

Before KELLY, KERN and HARRIS, Associate Judges.


KERN, Associate Judge:

The government appeals from the trial court's order entered after a hearing which suppressed (a) certain tangible evidence seized from appellees and (b) an identification of them made at the scene of the crime by an eyewitness because their Fourth Amendment rights had been violated.

The record of the suppression hearing discloses that the two complainants were attacked from the rear and robbed...

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