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KONVALINKA v. UNITED STATES

No. 2551.

162 A.2d 778 (1960)

Danilo KONVALINKA, Appellant, v. UNITED STATES, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided July 19, 1960.

Attorney(s) appearing for the Case

William J. Garber, Washington, D. C., for appellant.

John Robert Schmertz, Jr., Asst. U. S. Atty., Washington, D. C., with whom Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., Washington, D. C., were on the brief, for appellee.

Before HOOD and QUINN, Associate Judges, and CAYTON (Chief Judge, Retired) sitting by designation under Code § 11-776(b).

HOOD, Associate Judge.

Appellant, who is an Austrian national married to an American citizen, was charged with simple assault on a fourteen-year-old boy in violation of Code 1951, 22-504. After pleading not guilty and electing trial without a jury, appellant was found guilty by the trial court and sentenced to pay a fine of $100 or serve thirty days in jail. This appeal followed.

Much evidence was presented to the trial court, the substance of which was as...

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