SMITH v. UNITED STATES

No. 4120.

2 F.2d 919 (1924)

SMITH v. UNITED STATES.

Court of Appeals of District of Columbia.

Decided December 1, 1924.

Rehearing Denied December 20, 1924.


Attorney(s) appearing for the Case

J. A. O'Shea, of Washington, D. C., for appellant.

Peyton Gordon, of Washington, D. C., for the United States.

Before MARTIN, Chief Justice, and ROBB and VAN ORSDEL, Associate Justices.


ROBB, Associate Justice.

Appeal from a judgment in the Supreme Court of the District, under which appellant, defendant below, was sentenced to serve a year in jail for alleged assault upon Charles G. Dempsey, a deputy United States marshal.

Dempsey testified that on the morning of December 8, 1917, at about 9:30 o'clock, he went to No. 458 Pennsylvania Avenue, Northwest, to serve a writ on J. W. Babson; that, "entering the place of business, there was a young...

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