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BRANCH v. UNITED STATES

No. 5083.

263 A.2d 258 (1970)

Andrew B. BRANCH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 24, 1970.

Attorney(s) appearing for the Case

Charles D. Hickey, Washington, D. C., appointed by this court, with whom Foy R. Devine, Washington, D. C., was on the brief, for appellant.

Warren R. King, Asst. U. S. Atty., with whom Thomas A. Flannery, U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

Before HOOD, Chief Judge, and KELLY and GALLAGHER, Associate Judges.

GALLAGHER, Associate Judge:

Appellant was charged in a two-count information with assault and carrying a pistol without a license, and convicted after a jury trial of the assault charge only. The charges arose out of an incident at the Twilight Zone Restaurant on the evening of March 27, 1968. The main Government witness testified, in substance, that appellant entered the restaurant in a loud and boisterous manner; that he refused to leave when asked by the doorman...

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