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UNITED STATES v. ALSTON

No. 13506.

412 A.2d 351 (1980)

UNITED STATES, Appellant, v. Tony W. ALSTON, Appellee.

District of Columbia Court of Appeals.

Decided February 7, 1980.

Attorney(s) appearing for the Case

John W. Polk, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., Washington, D. C., at the time the brief was filed, John A. Terry, and Roberta T. Eaton, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellant.

Gaillard T. Hunt, Washington, D. C., appointed by the court, for appellee.

Silas J. Wasserstrom, Public Defender Service, Washington, D. C., appointed by the court as amicus curiae, for appellee.*

Before NEWMAN, Chief Judge, and KELLY, KERN, GALLAGHER, NEBEKER, HARRIS, MACK and FERREN, Associate Judges, and YEAGLEY, Associate Judge Retired.

FERREN, Associate Judge:

On January 20, 1978, after more than 33 months on appeal, this court reversed the 1975 conviction of Tony W. Alston for the misdemeanor of carrying a pistol without a license, D.C.Code 1973, § 22-3204, and remanded the case for a new trial. Alston v. United States, D.C.App., 383 A.2d 307 (1978).1 After remand, the trial court dismissed the indictment on the ground that...

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