*1 unduly public im- discussion would be
paired. judg- direct I would therefore appellee’s
ment favor. WRIGHT, whom Circuit with (dissent-
FAHY, Judge, concurs
ing). tried and decided
Since this case was Supreme decision
bеfore Court’s Sullivan, 376 v. U.S. New York Times Co. 254, 710, L.Ed.2d recon- it for retrial and would remand case, light com- sideration in the of that Review, Inc.,
pare Pauling v. National 269 N.Y.S.2d
49 Misc.2d possible
and its еffect on traditional Scope Note, rule. fair comment See First Protection Amendment Defamatory Error, 75 Yale
Good-Faith Wilbur (1966). L.J. Judge, dissented. WILSON, Appellant, C.
v. America,
UNITED STATES of
United States Court of Columbia Circuit. March Aug. Garland,
Mr. Norman M. ton, C., (appointed by court) for D. appellant. Schenectady remedy “really injury majority abe serious cuit’s [caused]
loss
and unfair
false
state
Union
Co.
in-
Pub.
case rеsted on its
Sweeney
Schenectady
terpretation
law,
ments.”
Union
of New York
and the
Co.,
(2d
1941)
288, 292
Supreme
Pub.
Cir.
Court’s affirmance did
es-
(dissеnting
opinion),
But
tablish a federal
law of libel.
affirmed
equally
Court,
light
divided
must
affirmance
now be read in the
Sullivan,
New York
667 Monahan, support occupa- Asst. Mr. J. U. realized from a lawful S. Atty., (Emphasis added.) Messrs. David G. tion or with whom Bress, Q. Atty., Frank Nebe- U. and S. study Our record that of the discloses brief, ker, Atty., Asst. U. were on the S. respeсting there no was Wilson’s appellee. employment.” “lawful There was no in- quiry to or not as whether he “has law- Judge, Before Chiеf and Bazelon, ful means of from Wilbur K. lawful Judge. source.” Neither or and Danaher, of these alternatives seems to have beеn involved the information in the filed Judge: DANAHER, Circuit trial court. There the Government had In the District Court charged only and had offered evidence appellant General Sessions this con- was to that on show October victed of under D.C. narcotics appеllant had been “found” in a “ve- 33-416a(b) Code § drugs hicle” in which “illicit” narcotic “vagrant” applies which as de- “kept, found, used, dispensed.” fined in the language ques- The of the subsection in house, any place, abode, “is found in tion, above, set forth unlike subsection shеd, dwelling, building, structure, ve- (A) (C) 416a, or subsection of section hicle, conveyance, in which example, specify not does that con- kept, vagrant viction the follow if defined found, used, dispensed.” 416a(b) section “fails The Ap- District of Court of Columbia good account of himself.” We not can peals noting affirmed1 after that Wil- assume that the omission such lan- “principal son’s here thesis is that the guage purposeful, was other than and Vagrancy Narcotic statute is unconstitu- certainly the record here no disсloses granted appellant’s pe- tional.” the We proper application foundation for an appeal. tition for an allowance of 416a(i), supra. subsection The Government tells us: that of record discloses evidence аppellee, “In the fol- the Squad the officers attached lowing question presented: early in the an automobile (i), “Whether 33 D.C.C. 416a 19, 1964. Three afternoon of October construed the Columbia while in the men were in front seat the Appeals, appellant denied due appellant with one rear Gar- seat was process of law under Fifth Amend- arrested). (who nett Officers was nоt ment?” permit, his asked the driver for Despite submission the Government’s produced. They asked the owner was question form, of the in that we need not seat, car, front also in for the constitutionality. reach the issue of according registration, car testimony, to the 416a(i) provides: Subsection thereupon removed from was under the glove compartment. An officer tes- provisions [33-416a], paraphernalia see tified he then could type utilized users. The defendant to that he show police the car and next lawful searched employment or has means space “in the rear lawful behind the seat” a States, 1. Wilson v. United 212 A.2d appellant der or Since was never demand. (D.C.App.1965). an order or demand to confronted with explain street, her her prosecution In a under 22- conviction must reversed.” Beail v. District of Columbia, U.S.App.D.C. Vagrancy Act, we stated the words giving good Cf. not “a account of himself” States, giving U.S.App. good Freeman mean “not question account v. United up by or- has been followed an F.2d D.C. eye- as to bottle-cap tions on freedom movement
needle, cooker persons places and raise seriоus syringe. would dropper questions.2 left he had appellant testified that requisite was on Sessions Since the Court General here, appellant’s around conviction can- morning shown 19th before *3 Accordingly, join in picked up I sustained. not be He had been noontime. Judge disposition. ride him a Danaher’s his friends who were in northeast back to his home MILLER, WILBUR waiting repairs They to have ton. Judgе, dissents. of- speedometer made to the Wilson ad- the car. ficers convicted he twice been
mitted that had
of violations of thе Harrison nothing testified that he knew but he items had the various
about and not seen parapherna- said to have been Seсretary UDALL, of L. Stewart lia. Interior, Appellant, deriving any perceive We fail to appellant’s presence as frоm this mere LITTELL, Norman M. passenger of the car in the back seat gives upon placing him rise meaning proof burden of within the United States 33-416a(i), D.C.Code Circuit. Reversed. April 1966. Sept. 1966. (concur- BAZELON, Chief Rehearing Denied En Banc Petition ring) : 14, 1966. Oct. Judge Danaher, I that sub Like think (i) act the narcotics (b) (1) (B) apply does not to subsection guilt think that that act.1 But also requires (b) under subsection
finding had some the defendant in of narcotics house,” “place, abode, he where etc. Otherwise,
was found.
the severe limita
part:
visions
show that
“(b)
narcotic
user or
kept, found, used,
house, shed, dwelling, building, struc-
ture, vehicle,
“(1)
any person
$
[*]
“(B)
For the
the term
is
H*
[*]
who has
he has lawful
offense
33-416
or elsewhere
purpose
conveyance,
section,
‘vagrant’
$
[*]
(a)
been
in
is a
dispensed;
under
employment
convicted
narcоtic
and who—
^
place,
[*]
defendant
shall mean
section—
states in
abode,
[*]
^
drug
pro-
ly
in either
ual as
may
basic
Dulles,
wears,
State,
sociation.”
of travel
el
as
“Freedom
from a lawful
related to
abroad,
well,
be