District of Columbia v. Weams

HOOD, Chief Judge:

Appellees were separately charged with disorderly conduct. When the cases came on for joint trial on August 6, 1964, a continuance was requested by the prosecuting attorney because of the unavailability of a government witness. After a discussion between the trial judge and counsel for both sides respecting a possible stipulation as to the absent witness’s testimony, the court ordered a recess. When court reconvened, the prosecuting attorney announced he had -nol-prossed all cases. When the right to do so was challenged by defense attorneys, the trial judge refused to accept…