Perry v. United States

YEAGLEY, Associate Judge:

Appellant was convicted in the trial court of carrying a pistol without a license (D.C.Code 1973, § 22-3204) and possession of marijuana (D.C.Code 1973, § 33-402).

The government’s evidence was as follows. On October 15, 1974, at approximately 1:20 a. m., a police officer spotted the appellant near the corner of Ninth and U Streets, N.W., holding a pistol above shoulder level. 1 The police officer, who was alone in his cruiser, radioed for a backup unit. Appellant was apprehended in the vicinity of the same intersection when the backup unit arrived. A search recovered…