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COOKE v. UNITED STATES

No. 14870.

275 F.2d 887 (1960)

Edward W. COOKE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 25, 1960.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C., for appellant.

Mr. Louis M. Kaplan, Asst. U. S. Atty. at time of argument, with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee. Mr. Harry T. Alexander, Asst. U. S. Atty., and Mr. Charles W. Halleck, Asst. U. S. Atty., at the time the record was filed, also entered appearances for appellee.

Before EDGERTON, BAZELON and WASHINGTON, Circuit Judges.

BAZELON, Circuit Judge.

On appellant's claim of self-defense, the jury acquitted him of the charge of assault with a dangerous weapon. D.C. Code § 22-502 (1951). But it found him guilty on the companion charge of carrying the pistol which he used to defend himself. D.C.Code § 22-3204 (Supp. VII 1959). The trial judge instructed the jury that appellant was guilty of carrying a dangerous weapon if he (1) carried the gun in a public place, and (2) it was not...

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