LEE v. UNITED STATES

No. 13832.

402 A.2d 840 (1979)

Don V. LEE, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 7, 1979.


Attorney(s) appearing for the Case

John L. King, Washington, D.C., appointed by the court, for appellant.

Earl J. Silbert, U.S. Atty., John A. Terry, Michael W. Farrell, Ann P. Gailis and David S. Krakoff, Asst. U.S. Attys., Washington, D.C., were on the brief for appellee.

Before KELLY, NEBEKER and FERREN, Associate Judges.


NEBEKER, Associate Judge:

Appellant stands convicted of carrying a pistol without a license, a felony under D.C. Code 1973, § 22-3204. He contends the seizure of the weapon from him violated his Fourth Amendment rights. We hold that the frisk which revealed the presence of the weapon was reasonable. He also contends that the indictment was defective in that it failed specifically to charge that the weapon was operable. We hold that operability is not required...

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