United States v. Everett Vernon Lowery

The appellant Lowery, a member of the Washington National Airport Police, was indicted for an assault in violation of 18 U.S.C. § 113(d) in connection with an arrest made at the Washington National Airport on the 20th day of March, 1957.

The judge below, sitting without a jury, found Lowery to be guilty of a simple assault within the terms of 18 U.S.C. § 113(e). From this conviction he appeals, contending that there was insufficient evidence from which to find the appellant guilty; that simple assault is not a lesser included offense within the terms of this case, and that the Trial Court…