YOUNG v. UNITED STATES

No. 16994.

309 F.2d 662 (1962)

Frederick A. YOUNG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 18, 1962.


Attorney(s) appearing for the Case

Mr. Denver H. Graham, Washington, D. C. (appointed by this court), for appellant.

Mr. William C. Weitzel, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Harold H. Titus, Jr., Asst. U. S. Atty., and Nathan J. Paulson, Asst. U. S. Atty., at the time the brief was filed, were on the brief, Mr. Frank Q. Nebeker, Asst. U. S. Atty., for appellee.

Before WASHINGTON, BASTIAN and BURGER, Circuit Judges.


BURGER, Circuit Judge.

Appellant contends that the District Court erred in failing to give a requested charge on the lesser included offense of simple assault when he was charged with assault with intent to commit robbery. It is conceded that appellant and a companion, one West, accosted Collins, the complaining witness, on a dark street at a late hour and that appellant held Collins while West went through his pockets. West testified and said they had merely stopped...

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