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SEITNER v. UNITED STATES

No. 2139.

143 A.2d 101 (1958)

Phillip G. SEITNER, Appellant, v. UNITED STATES, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided June 20, 1958.

Attorney(s) appearing for the Case

Hyman Smollar, Washington, D. C., with whom Stanley B. Frosh, Washington, D. C., was on the brief, for appellant.

Louis M. Kaplan, Asst. U. S. Atty., Washington, D. C., with whom Oliver Gasch, U. S. Atty., Lewis Carroll and Edward C. O'Connell, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

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

HOOD, Associate Judge.

In the men's room of a local university building, appellant, not a student or otherwise connected with the university, approached the complaining witness, a police officer assigned to the Morals Division, as he stood at a urinal and placed his hand on the officer's privates. Appellant was arrested and charged with assault. At trial he admitted the touching; his defense was, as stated here in his brief, that he "believed on grounds regarded as...

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