MARTIN v. UNITED STATES

No. 7882.

127 F.2d 865 (1942)

MARTIN v. UNITED STATES

United States Court of Appeals for the District of Columbia.

Decided May 4, 1942.


Attorney(s) appearing for the Case

Messrs. Vincent E. Martino and Joseph A. McMenamin, with whom Messrs. James K. Hughes and Robert I. Miller, all of Washington, D. C., were on the brief, for appellant.

Mr. Bernard Margolius, Assistant United States Attorney, with whom Messrs. Edward M. Curran, United States Attorney, Allen J. Krouse, Assistant United States Attorney, and Charles B. Murray, Assistant United States Attorney, all of Washington, D. C., were on the brief, for appellee.

Before STEPHENS, VINSON, and RUTLEDGE, Associate Justices.


VINSON, Associate Justice.

Appellant, a policeman, was convicted and sentenced to one year for simple assault. His codefendant, also an officer, was acquitted. The Government introduced evidence showing that one Sockwell was beaten up shortly before or about 11:00 p.m. on Labor Day, 1940. Several witnesses identified appellant and the codefendant as the assailants. One witness said that the officers pulled a call box immediately following the assault.

Appellant...

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