GUARRO v. UNITED STATES

No. 12844.

237 F.2d 578 (1956)

Ernesto GUARRO, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 27, 1956.


Attorney(s) appearing for the Case

Mr. Claire O. Ducker, Sr., Washington, D. C., for appellant.

Mr. Fred L. McIntyre, Asst. U. S. Atty., with whom Messrs. Leo A. Rover, U. S. Atty., at the time brief was filed, Lewis Carroll and Alfred Burka, Asst. U. S. Attys., were on the brief, for appellee.

Mr. Herbert D. Horowitz, Washington, D. C. (appointed by this Court), filed a brief as amicus curiae, urging reversal.

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


WASHINGTON, Circuit Judge.

Appellant was convicted in the Municipal Court of assault, under D.C.Code 1951, § 22-504.1 The Municipal Court of Appeals affirmed. 1955, 116 A.2d 408, 409. We later allowed this appeal.

The assault alleged was a deliberate touching of the private parts of a police officer, not in uniform, who is a member of the morals division. He was on duty in a motion picture...

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