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YOUNG v. UNITED STATES

No. 21498.

406 F.2d 960 (1968)

John W. YOUNG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 21, 1968.

Petition for Rehearing Denied January 9, 1969.

Attorney(s) appearing for the Case

Mr. William M. Barnard, Washington, D. C., with whom Mr. Arthur H. Schroeder, Washington, D. C. (both appointed by this court) was on the brief, for appellant.

Mr. John F. Rudy, II, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Miss Carol Garfiel, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and DANAHER and BURGER, Circuit Judges.

DANAHER, Circuit Judge:

Convicted of assault with a dangerous weapon, this appellant has here asserted only one claim of error which need be noticed. During the trial the defense moved for permission to examine testimony before the grand jury given by one Curry, the victim of the assault. Denying the defense motion, the trial judge remarked "Unless you have some very exceptional reason for asking for it I don't intend to grant the request."1

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