BROWN v. UNITED STATES

No. 21665.

414 F.2d 1165 (1969)

Robert L. BROWN, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 11, 1969.


Attorney(s) appearing for the Case

Mr. Paul S. Quinn, Washington, D. C. (appointed by this court), for appellant. Mr. Leon T. Knauer, Washington, D. C. (appointed by this court), also entered an appearance for appellant.

Mr. Robert S. Bennett, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty. at the time the brief was filed, Frank Q. Nebeker, Asst. U. S. Atty. at the time the brief was filed, and Harold H. Titus, Jr., Asst. U. S. Atty., were on the brief, for appellee. Mr. James E. Kelley, Jr., Asst. U. S. Atty., also entered an appearance for appellee.

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


PER CURIAM:

Appellant was convicted of assault with a dangerous weapon. 22 D.C. CODE § 502 (1967). He claims that the trial judge committed error in giving a missing witness instruction to the jury. We agree it was error, but on the facts of this case we think it was harmless. Accordingly, we affirm the conviction.

I

The grand jury indicted appellant for assault with intent to commit robbery and assault...

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