United States v. Hobby

The Government has appealed an order granting a pre-trial motion by appellee, to suppress a shotgun taken from his car by a police officer at the time of his arrest. In the court below, appellee was charged in an information filed July 6, 1970, with a violation of D.C.Code 1967, § 22-3204, which prohibits inter alia the carrying of a concealed weapon.

The charge was predicated on the very item of evidence suppressed at the motions session. The Government concedes that evidence proving the carrying of a shotgun would not sustain an asserted violation of Section 3204, supra, hut suggests that…