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MacILLRATH v. UNITED STATES

No. 10508.

188 F.2d 1009 (1951)

MacILLRATH v. UNITED STATES.

United States Court of Appeals, District of Columbia Circuit.

Decided March 22, 1951.

Attorney(s) appearing for the Case

James J. Laughlin, Washington, D. C., for appellant.

Joseph F. Goetten, Asst. U.S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty., and Harold H. Bacon and Joseph M. Howard, Asst. U. S. Attys., all of Washington, D. C., were on the brief, for appellee.

Before CLARK, PRETTYMAN and PROCTOR, Circuit Judges.

PER CURIAM.

The question here is whether Rule 31(c) of the Federal Rules of Criminal Procedure1 required the District Court in a trial for assault with a dangerous weapon2 to instruct the jury that they might find the defendant guilty of the lesser offense of simple assault. We think not. The rule does not in terms require the instruction. If there is no evidence to justify a verdict of simple assault a jury...

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