United States v. Buck

REILLY, Chief Judge:

The government appeals from a dismissal of an information charging one count of attempting to commit sodomy in violation of D.C.Code 1973, § 22-3502. Prior to the hearing on the motion to dismiss, the parties presented to the trial court a stipulation of facts to the effect that:

[0]n June 14, 1973, at 1:30 a. m., two police officers observed [appellee] and another male individual engaged in an act of consentual [sic] oral sodomy at 29th and Pennsylvania Avenue, Northwest, a public wooded area.

At the conclusion of a brief pretrial hearing, the trial judge granted the…