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BRASWELL v. UNITED STATES

No. 22127.

417 F.2d 545 (1969)

Ernest Lee BRASWELL, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 20, 1969.

Attorney(s) appearing for the Case

Miss Marsha E. Swiss and Mr. Jack C. Sando, Washington, D. C., with whom Mr. Mark B. Sandground, Washington, D. C., was on the brief, for appellant.

Mr. James E. Sharp, Asst. U. S. Atty., of the bar of the Supreme Court of Oklahoma, pro hac vice, by special leave of court, with whom Mr. David G. Bress, U. S. Atty., and Mr. Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee.

Before BAZELON, Chief Judge, PRETTYMAN, Senior Circuit Judge, and ROBINSON, Circuit Judge.

PRETTYMAN, Senior Circuit Judge.

Braswell was indicted, tried by a jury, convicted, and sentenced to serve three to five years for assault with intent to commit robbery. The controversy revolves about the phrase "with intent to commit robbery". Braswell says that, whatever may be the evidence of an assault, there is no shred of evidence of intent to commit robbery. Therefore he says the trial court erred, first, when it sent the issue of intent to commit robbery to...

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