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RICHARDSON v. UNITED STATES

No. 21049.

403 F.2d 574 (1968)

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

United States Court of Appeals District of Columbia Circuit.

Decided June 19, 1968.

Attorney(s) appearing for the Case

Mr. Richard A. Fitzpatrick (appointed by this court), Washington, D. C., for appellant, Mr. Samuel J. L'Hommedieu, Jr. (appointed by this court), Washington, D. C., was on the brief for appellant.

Mr. Ronald D. West (appointed by this court), Washington, D. C., also entered an appearance for appellant.

Mr. James E. Kelley, Jr., Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., and Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Mr. John A. Terry, Asst. U. S. Atty., at the time the record was filed, also entered an appearance for appellee.

Before BAZELON, Chief Judge, EDGERTON, Senior Circuit Judge, and TAMM, Circuit Judge.

EDGERTON, Senior Circuit Judge:

Appellant was charged with robbery (count one), assault with a dangerous weapon (count two), and carrying a dangerous weapon (count three). A jury found him guilty as charged on count one, guilty of simple assault on count two and not guilty on count three.

The complaining witness Snowden testified that appellant and another held him up at gunpoint and took $98 from his wallet. Appellant testified that Snowden, who had recently...

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