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 Decamber 28, 1976 2251 :
 E. Sayie_ Ddstrict Government and the winners. Both
 _ D3938-76 Grey. Sterton v. Patricia Ft. Vof. Sop. E daily and non-daily tickets are authorized to
 Sayles be sold, and ticket agents are directed to
 is better than ever. The new [)393976 Hall Alma Marie v. Robt. V. VM. Sop, J. receive up to 5_ of the purchase price of their
 Pension Reform Act offers to D. Green gross sales and are also entitled to a special
 professionals like ),ourself a Tax D394D-76 Hemterzon. Hunion v. Lucy, Vet Sop• M. 1% windfall in certain cases to encourage
 D. Haden
 Deduction of up to $7,500 and D3941-76 Savin, Chariot_e L. v. L. Andrew. Vol. sales•
 even more. S_p. A• S. Clarke Citing this as, "an effort to substantively
 ff you wish additional informa- D3942-78 Phillips, Ethelmae L. v. James O. Vel. address the grave and burdensome tax crisis
 Sop. R. W. Rifkin currently facing District Residents," Dixon
 tion to review your Pension Plan D3943-76 Blue0 Anita Y. v. Prentice Lee. Vol. Sop. admits, "I realize that this does not provide
 CCd] J.E. Lappin the plenary answer to our tax problem, but
 _ _i_ D3944-76 Sias, Willie Mac v. ,Joseph O. Vol. Sop. J. everyone can use a 'quick buck' now and then,
 E• Lappin even the District Government,"
 Connecticu_ Mutual Life Insurance Company D3945-76 Uznanski, June C. v. Henry K, T. VoI. Sop, NECESSITY
 281-2500 R.H. Myers. J_.
 D3948-76 Jackson, Brenda J. v. Jerome Ray. Voi (Cont'd. from p. 2249)
 Sop. S. Co Jackson law less severe than the consequences of
 ON flED STATES DISTf|CT C0U 8T Dz_-Te H_,ey, Sa_ L. ,. _ro_ory _'. VoW. Sep. c,mplian_. _3 While _he act i_eU _ voluntary
 FOR TtiE OtSTR|CT OF COLUMBIA S.H. Lung in the sense that the actor consciously decides
 D3948-76 Moore, Alonzo v. Sanders, Hattie. Vet. to do it, the decision is dictated by the absence
 Sop. S. J. Levine of an acceptable alternative. Unlike eompul-
 UNITED STATES MAGISTRATES' D3949-76 Moore, Alonzo v. Cantey, Lizzie Ruth. sion or duress, necessity arises from the press
 SCHEDULE FOR JANUARY, 1977 eel. Sop. S. J. Levine of events rather than through the imposition
 • S. Magistrate LAWRENCE S. 1VL4.RGOLIS BAR AS$0CtATJ0N 0F THE B.C. on the actor of the will of another person. 34
 Traditionally, the defense of necessity has
 Civil trials, pretrials and motions; probation been characterized as being either a justifica-
 violation hearings; sentences; counsel up- N 0 T I C E _ion of or an excuse for criminal activity, is As
 t_intments, arraig'nments and sub*arraign- The REAL PROPERTY LAW COMMIT- a justification, the concept has been used to
 meats. TEE wiI1 hold an EAT-N-LEARN Luncheon negate the criminal nature of a prohibited
 _ Magistrate dEAN F. DWYER at 12:00 n_n on Wednesday, January 19, activity. This position is based upon a
 ?reliminary hearings, misdemeanor pleas, 1977. The luncheon will be held in the Board of conception of criminality as a combination of a
 "rials and sentences; civil trials, pretrials, Directors room ef the Bar Association, 1819 H
 _ohibited act and an evil state of wand. te
 .rod motions as available; Federal Reserva- Street., NOW., Room 300. l_ere the criminal act was compelled by _:
 •, a Sanity Hearings; traffic summons Our guest will be: outside circumstances rather than through the
 _,i trials; back-up Magistrate for emer- LOUIS W. COYNE, President exercise of the actor's free will the requisite
 criminal intent is considered to be lacking.
 :_._cy arrest and search warrants. Coyne Mortgage Associates
 The:s, although the prohibited act has been
 > .Magistrate HENRY H. KENNEDY, JR. His topic will be: committed, the elements of the crime are
 !tad i_ felony and misdemeanor cases and The Availability of Mo_ey and the Ro_ incomplete and the actor as well as anyone
 ',ad _or Judges' Bench Warrants; civil trials, of a Mortgage Banker similarly situated must be relieved of criminal
 :_r_.zrials. and motions as available; Magis- " responalbi!ityo
 ::c, for arrest and search warrants include All members of the bar association are N,_cessity has also been seen in the law as a
 ._ _mergency night and weekend war- weIcome. For reservations p|ease call the bar form of excuse• Under this view, criminal
 _::_,,; probation violation hearings and office at 223-1480o responsibility arises upon the performance of
 _,:_.meanor sentences, every willed action, regardless of the under-
 ._:L;, BOY NUMBER 626-2206 lying" reason for the choice. _7 The actor may
 DIXON INTRODUCES be excused front punishment for pubtic ._licy
 :_r_.ltminary hearings are scheduled for LOTTERY LEGISLATION reasons, but not because he was without
 .at',' 7th and 10th. blame. Thus, although guilt is established
 OtSPO_T_QN$ Councilman Arringt_n Dixon, D-Four, punishment is not required because of exten-
 ..... e_ :e_,a_O Amount _tio, Taken and A_t0r,eys has announced his introduction of the Quick nat. rag circumstances which mitigate the
 Buck and Tax Relief Act of 1976_ a bill to seriousness of the offense. Under this theory,
 :i_ ,Li_:Rt_ legalize several forms of gambling, including, the necessity defense must be applied on a
 - "'. _,_,)ll international. Inc. v. Yettekov but not limited to bingo, numbers, on and off case by case basis rather than by reason of a
 , _,-,x. $_.510.6I. Default judg.. $1,420.6t. track betting, raffles and similar games of general rule.
 ' *_ _ Kudysh chance in the District. Common to bo_h of these views is the belief
 This bill does not create a separate lottery that punishment should not be visited upon
 FA_MiLY O_V_$|O_ commission as in many states, but would one who did not act of his own free will
 _'_MESTIC flELAT_0_$ _RA_CH create a District of Cxflumbia Lottery Admin- Penalizing one who a_ed ratio_a_y to avoid a
 bin CASES istra_ion which would be managed by an greater harm will serve neither to rehabilitate
 , .-:* #,.-.z_ ,q_0u,d_ aac_ At_crne_ _0r Ptai_tiff Administrant housed within the Department the offender nor to deter o_hers from acting
 ' ",fl',.rr:.. _arbara v. Lionel| Dwight. Vet. of Finance and Revenue. The purpose of this simi!azqy when presented with similar e_r-
 - _,,,_ legislation, says Dixon, "is to provide an cumstancea, This point is imphcitly recognized
 ":,,'*_,n _mie _-i. v. Marcellus W. Vo|. additiomd source of revenue for the District by the three traditional limitations on the
 s_,._,, Government while providing a sound form of applicability of the necessity defense. The
 • k._v,_ .h.*ylt R. _. Ranheed_ Vol. Sop. R. tax relief for District Residents," defense will not shield an actor from criminal
 ",- _ GeneraUy, the bill follows Marl'land Lottery responsibility if:
 "':,r_ew,_.r Cornelius v. Angola. VoL Law. Advised that the MarT_and Lottery ........................................
 ' .',:-_ reached a record $2 mizen per week sales in t_. C. Kesny, _t_ _, _uprs.
 ' _" r.¢ :_:_'_d I_-_v..)eaa K. VoL Sop. H. September, Dixon expressed his concern that 94. Threesfi;ua_iaasi_whichthen_s_ity 4_sfe_aeia _t
 "" D.C. was losing thouaaads of dollars in applicable should b¢ noted. Fh"*L the defense _t sh_Id
 _r_e who a_t_ in violation of law out of • belief tltat the ht_
 + _" "_r0 _ Paul S. v. Tamara [erie. Vol. morally wrong. Tie constre_nts of o_e°s _on_ieaee are Dot
 , possibte revenue to neighboring jurisdictions.
 "'"" The Director of the Department of Finance _ufficleat external eireum_Lv, ncss for the pu_po_ea o_ this
 ' _'t_, ['lr_'nda R. v. John T. Vol. Sop.
 _ - and Revenue is authorized to promulgate dete_se. See_d, the compelling circum_t._t_es mt_t _uaIly
 rules and regulations to carry out the purpose e_st; a mistake of far% r_ matter haw r_s_able, defeats
 _UF F ET LUNCHEON _ of the legislation and also delegate this _eneees_itydefen,_,llefenaeThu*_eeeFs:p_rs_nthe WhOrisk _hat_eek_he*hehushel_rperceived°f thethe
 • _ _n_._,andwiches -- -$1.95 _ authority to the Administrator of the Lottery _i_sao, incorrectly. Third, _2though it has Inca sugg_t_d
 Administration. A_ monies received from the t_._ this _a_t ia Hp,e for change, it i_ still the _w that
 sion of authorized seUing agents are placed in 15, See :he dL_uasion of jv_tff_ation and ext_._se in Note.
 Ju_ifivat_bm The Impact of _he Model Perw2 Code _n
 a special account known as the Lottery Fund. !
 : _ :O K _CCt, NTW. - -
 _ .qta$utary Reform, 75 Colum. L. Re_. 914 {IS75).
 Under a scheme to be devised by the adminiso _s. c. K,_y. ,o_ _, _._,r_. at v.3s.
 • _::_ - '- • trator, aliticketsaieswfllbesplitbetween the _ _ ",o'_ ........ "

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