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SMITH v. UNITED STATES

No. 14867.

267 F.2d 691 (1959)

William SMITH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 4, 1959.

Petition for Rehearing Denied June 23, 1959.

Attorney(s) appearing for the Case

Mr. Robert B. Hirsch, Washington, D. C., (appointed by this Court) for appellant.

Mr. Paul J. Spielberg, Asst. U. S. Atty., of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.

Before PRETTYMAN, Chief Judge, and BAZELON and BURGER, Circuit Judges.

Petition for Rehearing En Banc Denied June 23, 1959.

PER CURIAM.

This is an appeal from conviction for assault with a dangerous weapon, a razor, in the course of a fight with the complaining witness. The grounds for appeal are (1) that the jury was not specifically charged that intent to commit injury with the razor was an essential element of the crime1 (no request for such specific charge was made); and (2) that the government...

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