Gerald D. Greenfield v. United States

Appellant was convicted of assault with a dangerous weapon, defined.' in 22 D.C.Code § 502. The evidence was-to the effect the assault was with a soda, pop bottle. Counsel for appellant requested the court to instruct the jury on' simple assault as a lesser included offense, which the. court refused to do.. Appellant was entitled to such an instruction if a foundation for it is found in the-evidence. See Eagleston v. United States, 172 F.2d 194, 198, 12 Alaska 213-(9th Cir. 1949), cert. denied, 336 U.S.. 952, 69 S.Ct. 882, 93 L.Ed. 1107 (1949).. Cf. Hunt v. United States, 115 U.S.App.. D.C.…