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WILLIAMS v. UNITED STATES

No. 17964.

328 F.2d 178 (1963)

Isaac WILLIAMS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 12, 1963.

Attorney(s) appearing for the Case

Mr. Vance A. Fisher, Washington, D. C., with whom Mr. George Blow, Washington, D. C. (both appointed by this court) was on the brief, for appellant. Mr. M. Michael Sharlot, Washington, D. C. (appointed by this court) also entered an appearance for appellant.

Mr. B. Michael Rauh, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and William H. Collins, Jr., Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, DANAHER and BASTIAN, Circuit Judges.

FAHY, Circuit Judge:

Appellant was convicted of assault with a dangerous weapon. There was testimony and other evidence that he assaulted a man in a bar or grill with a bottle and bar stool. Appellant himself was shot by one Butler, the proprietor of the place who was tending the bar. Reversal is sought on grounds now to be mentioned and discussed with brevity.

It is said the court erroneously refused the request of defense counsel for an instruction on the...

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