HOOD, Chief Judge:
Appellant was convicted of simple assault and sentenced to serve 180 days. This appeal followed.
The complaining witness, John L. O'Brien, testified that on July 23, 1964, he was employed as a desk clerk in an apartment building in which defendant-appellant was a tenant. At about 12:30 in the morning, O'Brien was called on the telephone by appellant's roommate, Stuart Donathan, and a few minutes later, Donathan came down to the desk to discuss...
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