BOOTH v. UNITED STATES

No. 18762.

343 F.2d 321 (1965)

Nathan M. BOOTH, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 4, 1965.


Attorney(s) appearing for the Case

Mr. James E. Greeley (appointed by this court), Washington, D. C., for appellant.

Mr. Daniel H. Benson, Atty., Dept. of Justice, with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and David Epstein, Asst. U. S. Attys., were on the brief, for appellee.

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


PER CURIAM:

Appellant conceded his part in the altercation which led to his conviction for assault with a deadly weapon. Although he presented a substantial claim of self-defense, the jury rejected it, as it had a right to do, under a charge which scrupulously alerted the jury to testimony which would support acquittal.

Appellant urges on appeal, but did not below, that he was arrested without probable cause, and that an illegally seized knife was admitted...

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