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ODUM v. DISTRICT OF COLUMBIA

No. 88-639.

565 A.2d 302 (1989)

Joel B. ODUM, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided November 6, 1989.

Attorney(s) appearing for the Case

Shailly P. Agnihotri, New York City, appointed by this court, was on the brief for appellant.

Frederick D. Cooke, Jr., Corporation Counsel at the time the brief was filed, Charles L. Reischel, Deputy Corp. Counsel, and Mary L. Wilson, Asst. Corp. Counsel, Washington, D.C., were on the brief for appellee.

Before NEWMAN and FARRELL, Associate Judges, and PRYOR, Senior Judge.

FARRELL, Associate Judge:

After he obstructed the entry of a dump truck into a construction site, appellant was found guilty of unlawful assembly for the purpose of incommoding the free use of a driveway. D.C.Code § 22-1107 (1989). Although it may be true, as the government contends, that appellant's conduct offended other penal statutes, we conclude that it did not violate this one. We therefore vacate the judgment of conviction and remand with directions to...

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