SHAFFER v. UNITED STATES

No. 19624.

308 F.2d 654 (1962)

Michael Robert SHAFFER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied November 26, 1962.


Attorney(s) appearing for the Case

Frank P. Fullerton, Joseph A. Calamia, El Paso, Tex., for appellant.

Frederick J. Morton, Asst. U. S. Atty., El Paso, Tex., Ernest Morgan, U. S. Atty., San Antonio, Tex., M. H. Raney, Asst. U. S. Atty., El Paso, Tex., for appellee.

Before TUTTLE, Chief Judge, and HUTCHESON and BROWN, Circuit Judges.


PER CURIAM.

This is an appeal from a felony conviction for an "assault with a dangerous weapon, with intent to do bodily harm, and without just cause or excuse * *." 18 U.S.C.A. § 113(c). The question involved here is whether the evidence is sufficient to support the trial Court's finding that the admitted assault was "with intent to do bodily harm." Under the statute this element distinguishes a felony from a misdemeanor. 18 U.S.C.A. § 113(e). We hold that...

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