UNITED STATES v. SPENCER

No. 24040.

448 F.2d 1093 (1971)

UNITED STATES of America v. Lionel O. SPENCER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 13, 1971.


Attorney(s) appearing for the Case

Mr. Harry P. Anestos, Washington, D. C. (appointed by this court) for appellant.

Mr. Robert S. Tignor, Asst. U. S. Atty., with whom Messrs. Thomas A. Flannery, U. S. Atty., John A. Terry and Edwin A. Williams, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, Senior Circuit Judge, and McGOWAN and ROBINSON, Circuit Judges.


PER CURIAM:

The question raised is whether on appellant's appeal from conviction of assaulting a police officer, in violation of 22 D.C.Code § 505(a), the trial court erred in refusing to sustain his motions to dismiss and for judgment notwithstanding the verdict, both based on a claim of double jeopardy. The alleged assault occurred when appellant was being arrested, without a warrant, for driving an automobile without a permit. Appellant claims he was not the...

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