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WIGFALL v. UNITED STATES

No. 12826.

230 F.2d 220 (1956)

Benny WIGFALL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 2, 1956.

Attorney(s) appearing for the Case

Mr. Milo G. Coerper, Washington, D. C. (appointed by this Court), for appellant.

Mr. Nathan J. Paulson, Asst. U. S. Atty., with whom Mr. Leo A. Rover, U. S. Atty., and Messrs. Lewis Carroll and Arthur J. McLaughlin, Asst. U. S. Attys., were on the brief, for appellee.

Before PRETTYMAN, WILBUR K. MILLER and WASHINGTON, Circuit Judges.

PRETTYMAN, Circuit Judge.

Wigfall was indicted upon a charge of robbery, tried by a jury, and convicted. Upon his appeal he makes two points, (1) that the evidence was insufficient to sustain the conviction and (2) that the trial judge in addressing the jury erred in using the words "jostled" and "jostling" when the word of the complaining witness was "hulking".1

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