BROUGHMAN v. UNITED STATES

No. 19529.

361 F.2d 71 (1966)

Jesse R. BROUGHMAN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 2, 1966.


Attorney(s) appearing for the Case

Mr. Charles W. Havens, III, Washington, D. C. (appointed by this Court), for appellant. Mr. Robert J. Muth, Washington, D. C. (appointed by this Court), also entered an appearance for appellant.

Mr. James A. Strazzella, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, BURGER and WRIGHT, Circuit Judges.


BAZELON, Chief Judge.

Appellant seeks reversal of his robbery conviction on the ground that the trial judge erred in refusing to instruct the jury on the lesser included offense of simple assault.

The Government's evidence consisted of the following. The complaining witness, Weedon, testified that at 11.00 P.M. one night, after having a sandwich and "about four" beers, he was propositioned by a woman as he was walking on the street. After telling her to mind...

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