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ROGERS v. UNITED STATES

Nos. 2794, 2795.

174 A.2d 356 (1961)

Joseph T. ROGERS, Appellant, v. UNITED STATES, Appellee. Barbour F. HERRING, Appellant, v. UNITED STATES, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided October 26, 1961.

Attorney(s) appearing for the Case

Albert J. Ahern, Jr., Washington, D. C., for appellant in No. 2794.

O. B. Parker, Washington, D. C., for appellant in No. 2795.

Donald S. Smith, Asst. U. S. Atty., Washington, D. C., for appellee. David C. Acheson, U. S. Atty., and Charles T. Duncan, Asst. U. S. Atty., Washington, D. C., also entered appearances for appellee.

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

QUINN, Associate Judge.

Appellants were charged by information with committing an assault1 and petit larceny2 upon the complaining witness Charles Hutcheson. Allowed to withdraw earlier pleas of guilty, both men went to trial and a jury convicted them of assault but acquitted them of the second offense.3

The assault occurred at 3 a. m. on August 31, 1960, as Hutcheson was...

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