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HARRIS v. UNITED STATES

No. 8071.

333 A.2d 397 (1975)

Eddie HARRIS, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided February 26, 1975.

Attorney(s) appearing for the Case

Christopher S. Howell, Washington, D. C., appointed by this court, for appellant.

Jeffrey T. Demerath, Asst. U. S. Atty., with whom Earl J. Silbert, U. S. Atty., John A. Terry, James F. McMullin and Henry F. Schuelke, III, Asst. U. S. Attys., were on the brief, for appellee.

Before GALLAGHER and NEBEKER, Associate Judges, and PAIR, Associate Judge, Retired.

NEBEKER, Associate Judge:

This appeal presents a question of sufficiency of evidence respecting whether a blank or gas cartridge-type pistol is a dangerous weapon when used in an assault by pointing it at another. Also presented is whether a mistrial or a new trial was required when the defense of "only joking" (no criminal intent) was rebutted by testimony that the accused was ill and in discomfort from narcotic withdrawal symptoms. We affirm the conviction for assault...

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