KENDALL v. UNITED STATES

No. 1223.

91 A.2d 91 (1952)

KENDALL v. UNITED STATES.

Municipal Court of Appeals District of Columbia.

Decided August 27, 1952.


Attorney(s) appearing for the Case

Rex K. Nelson, Washington, D. C., for appellant.

Edward O. Fennell, Asst. U. S. Atty., Washington, D. C., Charles M. Irelan, U. S. Atty. and (Joseph M. Howard and William E. Kirk, Jr., Asst. U. S. Attys., Washington, D. C., on the brief), for appellee.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.


HOOD, Associate Judge.

This is an appeal from a conviction of a charge of assault. From the evidence the jury was justified in finding the following facts. Appellant and complaining witness had an argument and a week or ten days later met in a tavern where the argument was resumed and a scuffle ensued in the course of which both fell to the floor. The bartender separated them and told them that if they wished to fight they should go outside. As complaining witness...

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