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DEMPSEY v. UNITED STATES

Nos. 4627-4629.

251 A.2d 650 (1969)

William M. DEMPSEY, Appellant, v. UNITED STATES, Appellee. William M. DEMPSEY, Appellant, v. DISTRICT OF COLUMBIA, Appellee.

District of Columbia Court of Appeals.

Decided April 3, 1969.

Attorney(s) appearing for the Case

Lawrence J. Winter, Washington, appointed by this court, for appellant.

James A. Treanor, III, Asst. U. S. Atty., with whom David G. Bress, U. S. Atty., Frank Q. Nebeker, Daniel J. Givelber, and Albert W. Overby, Jr., Asst. U. S. Attys., were on the brief, for appellee United States.

David P. Sutton, Asst. Corporation Counsel, with whom Charles T. Duncan, Corporation Counsel, Hubert B. Pair, Principal Asst. Corporation Counsel, and Richard W. Barton, Asst. Corporation Counsel, were on the brief, for appellee District of Columbia.

Before KELLY, KERN and GALLAGHER, Associate Judges.

GALLAGHER, Associate Judge:

Appellant was tried without a jury and convicted of assault, public intoxication and disorderly conduct.1 Imposition of sentence was suspended and he was placed on probation for one year.

Appellant entered a restaurant one afternoon and began fighting with a customer. The owner's wife told a waitress to call the police. Appellant ceased fighting and left the...

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