MEDLIN v. UNITED STATES

Nos. 11484-11486.

207 F.2d 33 (1953)

MEDLIN v. UNITED STATES. (two cases). HOUSE v. UNITED STATES.

United States Court of Appeals District of Columbia Circuit.

Decided July 23, 1953.

Petition for Rehearing Denied October 12, 1953.


Attorney(s) appearing for the Case

Mr. James J. Laughlin, Washington, D. C., with whom Mr. Albert J. Ahern, Jr., Washington, D. C., was on the brief, for appellants.

Mr. E. Riley Casey, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Arthur D. Schaffer and William J. Peck, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Messrs. Charles M. Irelan, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., at the time the record was filed, also entered appearances for appellee.

Before EDGERTON, PRETTYMAN and WASHINGTON, Circuit Judges.


PER CURIAM.

The appellants were indicted and convicted of assault "with a dangerous weapon, that is, shoes" on their feet. There was substantial evidence that each appellant kicked the complaining witness. He was seriously injured.

Appellants contend that shoes on feet are not dangerous weapons. We think it clear that they are, at least when they inflict serious injuries. Cf. Tatum v. United States, 71 App.D.C. 393, 110 F.2d 555. Appellants' other contentions do not require discussion.

Affirmed.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases