Barker v. United States

KERN, Associate Judge.

The first count of the three-count indictment in this case charged that both appellants assaulted a Mr. Fluellyn with a dangerous weapon, viz., a pistol, 1 and counts two and three charged each appellant, respectively, with possession of a pistol without a license. 2 All three counts of the indictment rested upon an incident occurring on May 30, 1975.

The government presented evidence at trial that Fluellyn and appellant Barker engaged in a fistfight around 8 p. m. in front of the dwelling in which they both lived. Others intervened and terminated the struggle, both…