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HOLMES v. U.S.

No. 91-CM-671.

615 A.2d 555 (1992)

Clinton O. HOLMES, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided October 16, 1992.

Attorney(s) appearing for the Case

Mack E. Davis, appointed by this court, was on the brief for appellant.

Jay B. Stephens, U.S. Atty. and John R. Fisher, Thomas C. Black, and Eric L. Yaffe, Asst. U.S. Attys., were on the brief, for appellee.

Before ROGERS, Chief Judge, and FARRELL, Associate Judge, and GALLAGHER, Senior Judge.

ROGERS, Chief Judge:

On appeal from his conviction at a bench trial of simple assault, D.C.Code § 22-504 (1989 Repl.), appellant Clinton Holmes contends that his due process rights were violated when the trial judge questioned him after the defense and prosecution had rested and failed, sua sponte, to grant a judgment of acquittal. He also contends that the trial judge abused his discretion by not conducting a Frendak1

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