ROSE v. U.S.

No. 85-111.

535 A.2d 849 (1987)

Kevin E. ROSE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided December 4, 1987.


Attorney(s) appearing for the Case

Samuel G. McTyre, Washington, D.C., appointed by the court, was on the brief, for appellant.

Joseph E. diGenova, U.S. Atty., Michael W. Farrell, Saul M. Pilchen, and Patricia A. Riley, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before MACK and ROGERS, Associate Judges and NEBEKER, Associate Judge, Retired.


ROGERS, Associate Judge:

Appellant Rose appeals1 his conviction of solicitation for lewd and immoral purposes, D.C.Code § 22-2701 (1985 Supp.), on the grounds that the evidence was insufficient and the statute is unconstitutionally vague. We agree the evidence was insufficient, and do not reach the constitutional claim; accordingly, we reverse.

I

On the afternoon of November 28, 1984, around 4:30 p.m., Rose was standing...

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