Frederick A. Young v. United States

BURGER, Circuit Judge.

Appellant contends that the District Court erred in failing to give a requested charge on the lesser included offense of simple assault when he was charged with assault with intent to commit robbery. It is conceded that appellant and a companion, one West, accosted Collins, the complaining witness, on a dark street at a late hour and that appellant held Collins while West went through his pockets. West testified and said they had merely stopped Collins to ask about the identity of a person known to Collins and thought by them to have robbed West some days before. West’s…