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UNITED STATES v. ALEXANDER

Nos. 21816, 22898.

430 F.2d 904 (1970)

UNITED STATES of America v. Joseph ALEXANDER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 8, 1970.

Attorney(s) appearing for the Case

Mr. Frank F. Flegal, Washington, D. C., with whom Mr. Warren Belmar, Washington, D. C. (both appointed by this court), was on the brief, for appellant.

Mr. Terry Philip Segal, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., and John A. Terry and Theodore Wieseman, Asst. U. S. Attys., were on the brief, for appellee.

Before WRIGHT and TAMM, Circuit Judges, and NICHOLS, Judge, United States Court of Claims.

PER CURIAM:

Appellant was convicted of three counts of robbery and assault with a dangerous weapon. On appeal he raises three points: (1) whether the trial court erred in allowing the complaining witness, on redirect examination, to testify as to the description he gave the police of his assailants; (2) whether use of an inoperable gun in an assault is assault with a dangerous weapon; and (3) whether the trial court abused its discretion in denying appellant's motion...

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