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McDERMETT v. UNITED STATES

No. 1351.

98 A.2d 287 (1953)

McDERMETT v. UNITED STATES.

Municipal Court of Appeals for the District of Columbia.

Decided July 14, 1953.

Attorney(s) appearing for the Case

Edward T. Kehoe, Washington, D. C., with whom Evan T. Davis, Washington, D. C., was on the brief, for appellant.

Samuel J. L'Hommedieu, Jr., Asst. U. S. Atty., Washington, D. C., with whom Leo A. Rover, U. S. Atty., William R. Glenlon, William J. Peck and E. Riley Casey, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

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

CAYTON, Chief Judge.

By information filed in the trial court defendant was charged with assault.1 He was convicted on the testimony of a police officer named Klopfer who said that simultaneously with an invitation to a homosexual act defendant put his hand on the officer's genital organ. The question before us is whether under the facts as presented at the trial the conviction can be permitted to stand.

Quite recently we had occasion...

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