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BURCHAM v. UNITED STATES

No. 9506.

163 F.2d 761 (1947)

BURCHAM v. UNITED STATES.

United States Court of Appeals District of Columbia.

Decided August 4, 1947.

Attorney(s) appearing for the Case

Mr. Robert I. Miller, of Washington, D. C., for appellant. Mr. Kenneth D. Wood, of Washington, D. C., also entered an appearance for appellant.

Mr. John P. Burke, Assistant United States Attorney, of Washington, D. C., with whom Mr. George Morris Fay, United States Attorney, of Washington, D. C., was on the brief, for appellee. Messrs. Sidney S. Sachs, Assistant United States Attorney, and John D. Lane, Assistant United States Attorney, both of Washington, D. C., also entered appearances for appellee.

Before GRONER, Chief Justice, and EDGERTON and WILBUR K. MILLER, Associate Justices.

WILBUR K. MILLER, Associate Justice.

James A. Burcham, the appellant, was convicted in the District Court of the United States for the District of Columbia of assault with a dangerous weapon. He appeals on three grounds: (a) that the court erroneously admitted evidence of an offense other than that for which the appellant was being tried; (b) that the court should have instructed on simple assault, an offense included in that of which he was accused; and (c) that...

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