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SMITH v. U.S.

Nos. 89-462, 89-463.

593 A.2d 205 (1991)

Clifford SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 25, 1991.

Attorney(s) appearing for the Case

William S. Rhyne, appointed by this court, Washington, D.C., was on the brief, for appellant.

Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas J. Tourish, Jr., Daniel M. Zachem, and Nancy R. Page, Asst. U.S. Attys., were on the brief, Washington, D.C., for appellee.

Before SCHWELB and WAGNER, Associate Judges and PRYOR, Senior Judge.

WAGNER, Associate Judge:

Appellant was convicted of two counts of assault.1 On appeal, he claims that the trial court erred in instructing the jury that an "intent-to-frighten" assault is a general intent crime and that the victim's perception could be considered in determining whether appellant had the apparent present ability to carry out the assault. We affirm.

Viewing the evidence in the light most favorable to the government...

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