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DREW v. UNITED STATES

No. 5899.

292 A.2d 164 (1972)

Andra DREW, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 30, 1972.

Rehearing Denied En Banc July 27, 1972.

Attorney(s) appearing for the Case

Thomas Fortune Fay, Olney, Md., appointed by this court, for appellant.

Charles E. Brookhart, Asst. U.S. Atty., with whom Thomas A. Flannery, U.S. Atty., at the time the brief was filed, and John A. Terry, Asst. U.S. Atty., were on the brief, for appellee.

Before KELLY, FICKLING and GALLAGHER, Associate Judges.

KELLY, Associate Judge:

This appeal from a conviction of unlawful entry1 questions whether, absent some justifiable reason, a request to leave a restaurant by one lawfully in charge thereof can convert a lawful presence on the premises into a criminal trespass.

The evidence was that on the night of April 12, 1971, appellant and two companions entered and were seated in a local restaurant. Although he was conducting himself in a...

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