WRIGHT v. UNITED STATES

No. 17007.

320 F.2d 782 (1963)

Menard WRIGHT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided July 5, 1963.


Attorney(s) appearing for the Case

Mr. Dale E. Doty, Washington, D. C. (appointed by this court) submitted on the brief, for appellant.

Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker, Donald S. Smith and Robert A. Levetown, Asst. U. S. Attys., submitted on the brief, for appellee.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and WRIGHT, Circuit Judge.


PER CURIAM.

Appellant was convicted on charges of assault with a dangerous weapon and mayhem, and sentenced to concurrent terms of 2½ to 9 years imprisonment on each charge. His chief complaint in this appeal is that the trial court's instruction on flight, which was not objected to below, constituted plain error requiring reversal under Rule 52(b), Fed.R.Crim.P.

At trial, the complaining witness identified appellant as his assailant. A bystander testified...

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