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CROSBY v. UNITED STATES

No. 18322.

339 F.2d 743 (1964)

Robert H. CROSBY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 25, 1964.

Attorney(s) appearing for the Case

Mr. Charles A. Docter (appointed by this court), Washington, D. C., for appellant.

Mr. David Epstein, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., and Frank Q. Nebeker and Daniel A. Rezneck, Asst. U. S. Attys., were on the brief, for appellee.

Before DANAHER, BURGER and WRIGHT, Circuit Judges.

BURGER, Circuit Judge.

This is an in forma pauperis appeal from conviction of assault with a dangerous weapon, 22 D.C.CODE ANN. § 502 (1961), under a one-count indictment charging robbery, 22 D.C.CODE ANN. § 2901 (1961).

The evidence tended to show that appellant attacked complainant, striking him with a Coca Cola bottle, and thereafter took from his person a wallet and money. At the close of the evidence, appellant requested that the court...

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