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JOYNER v. UNITED STATES

No. 17472.

320 F.2d 798 (1963)

Joseph M. JOYNER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 20, 1963.

Attorney(s) appearing for the Case

Mr. Charles W. Halleck, Washington, D. C., with whom Mr. Seymour S. Mintz (appointed by this court), Washington, D. C., was on the brief, for appellant.

Mr. Robert D. Devlin, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Harold H. Titus, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and FAHY and WRIGHT, Circuit Judges.

PER CURIAM.

Appellant, charged with robbery,1 was convicted of assault with intent to commit robbery. Since "robbery, under the District statute, is possible without assault,"2 he maintains that assault with intent to commit robbery is not "an offense necessarily included in" a charge of robbery. Rule 31(c), F.R.Cr.P.

The District robbery statute denounces several kinds of acts taking the property of...

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