George E. Jalbert v. District of Columbia
387 F.2d 233
D.C. Cir.
1967
Check Treatment
PER CURIAM.

These appellants were involved in the incident which we depicted and discussed in Feeley v. District of Columbia, — U.S.App.D.C. —, 387 F.2d 216, decided May 22, 1967. These appellants, however, were charged in two counts, one under Title 22, Section 1107, of the D.C. Code, and the other under Section 1121 of that Title. Two of the defendants (Jalbert and Flenner) were convicted on both counts; all were found guilty on the Section 1121 count. The District of Columbia Court of Appeals 1 set aside the convictions under Section 1107 for lack of evidence of loud and boisterous conduct. It affirmed the convictions under Section 1121 bút, for lack of allocution, remanded for resentencing, directing, however, that the new sentences be governed by Section 3111.

■ The same considerations which were applied by us in Feeley apply here, and a similar order will be entered here.

Judgment vacated and ease remanded.

Notes

1

. Jalbert v. District of Columbia, D.C.App., 221 A.2d 94 (1966).