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PERRY v. UNITED STATES

No. 18241.

347 F.2d 813 (1965)

Russell L. PERRY, Jr., Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 5, 1964.

Petition for Rehearing Denied January 8, 1965.

Attorney(s) appearing for the Case

Mr. Richard T. Conway (appointed by this court), Washington, D. C., for appellant.

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

Before WASHINGTON, BURGER and McGOWAN, Circuit Judges.

Petition for Rehearing en Banc Denied January 8, 1965.

BURGER, Circuit Judge:

This is an appeal at government expense from conviction for assault with a deadly weapon under 22 D.C. CODE ANN. § 502 (1961) and assault with intent to kill under D.C. CODE ANN. § 501 (1961).

In the early morning hours of a party, an altercation developed between the complaining witness and a woman guest. Appellant, who was a friend of the woman, left the room...

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