Payne v. United States

KERN, Associate Judge:

Immediately prior to trial, the trial court heard testimony, considered argument and then denied appellant’s motion to suppress a revolver which was the basis of the criminal charge against him of carrying a pistol without a license. D.C.Code 1967, § 22-3206. At that point in the proceedings, the following colloquy appears in the transcript in the record before us:

THE COURT: I deny your motion to suppress. Are we ready for trial ?

MR. DIER [Defense Counsel] : Your Honor, in this case Mr. Payne requests a trial by the Court at this time and I would stipulate the testimony…