Legal Opinion

Lee v. United States

District of Columbia Court of Appeals

Decided June 7, 1979No. 13832PublishedCited by 5 opinions

1Opinion of the Court

NEBEKER, Associate Judge:

Appellant stands convicted of carrying a pistol without a license, a felony under D.C. Code 1973, § 22-3204. He contends the seizure of the weapon from him violated his Fourth Amendment rights. We hold that the frisk which revealed the presence of the weapon was reasonable. He also contends that the indictment was defective in that it failed specifically to charge that the weapon was operable. We hold that operability is not required to be specified because to be a “pistol”, within the meaning of § 22-3204, a firearm must be operable. Otherwise it fails that…

2Cases cited5 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Carey v. United StatesDistrict of Columbia Court of Appeals · 1977
  3. Anderson v. United StatesDistrict of Columbia Court of Appeals · 1974
  4. Bates v. United StatesDistrict of Columbia Court of Appeals · 1974
  5. Tendler v. District of ColumbiaDistrict of Columbia Court of Appeals · 1946

3Cited by5 opinions

  1. United States v. WoodfolkDistrict of Columbia Court of Appeals · 1995
  2. Washington v. United StatesDistrict of Columbia Court of Appeals · 1985
  3. Townsend v. United StatesDistrict of Columbia Court of Appeals · 1989
  4. In re D.F.District of Columbia Court of Appeals · 2013
  5. Washington v. United StatesDistrict of Columbia Court of Appeals · 1985

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