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SMITH v. UNITED STATES

Nos. 13790, 13791.

445 A.2d 961 (1982)

Marcy G. SMITH, Appellant, v. UNITED STATES, Appellee. Liz C. REILEY, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 3, 1982.

Attorney(s) appearing for the Case

Charles W. Halleck, Washington, D. C., appointed by the court, for appellants.

John R. Fisher, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., Washington, D. C., at the time the case was argued, Earl J. Silbert, U. S. Atty., Washington, D. C., when the original brief was filed, and John A. Terry, John Brooks Harrington, and E. Anne McKinsey, Asst. U. S. Attys., Washington, D. C., were on the briefs, for appellee.

Before NEWMAN, Chief Judge, and KELLY, KERN, NEBEKER, HARRIS, MACK, FERREN, PRYOR and BELSON, Associate Judges.

NEBEKER, Associate Judge:

Appellants were convicted of violating the unlawful entry statute, D.C.Code 1973, § 22-3102, based upon their refusal to desist from conducting a demonstration on the White House grounds. Appellants challenge their convictions on the grounds that (1) the informations charging the offense were fatally defective, and (2) the application of the unlawful entry statute under this case is precluded by the First Amendment of the United States...

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