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ANDERSEN v. UNITED STATES

No. 1938.

132 A.2d 155 (1957)

George A. ANDERSEN, Appellant, v. UNITED STATES, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided June 5, 1957.

Attorney(s) appearing for the Case

Rex K. Nelson, Washington, D. C., with whom Eugene X. Murphy, Washington, D. C., was on the brief, for appellant.

John D. Lane, Asst. U. S. Atty., Washington, D. C., with whom Oliver Gasch, U. S. Atty., Lewis Carroll and Forbes W. Blair, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before ROVER, Chief Judge, and HOOD and QUINN, Associate Judges.

QUINN, Associate Judge.

This is an appeal from a judgment of conviction for simple assault committed upon a member of the Capitol Police.1 The assault occurred while the officer was in the process of arresting appellant for a misdemeanor committed in his presence. The defense was based on the claim that the attempted arrest was illegal, and therefore appellant had a right to resist and use reasonable force to prevent it.

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