Burleson v. United States

HOOD, Chief Judge, Retired:

This appeal centers largely around the admission in evidence of a pistol in a trial that resulted in appellant’s conviction on a charge of assault with a dangerous weapon. 1

The alleged assault occurred on the stairway and in the hall of a hotel at about one o’clock in the morning. Only two witnesses, the complainant and the appellant, testified as to the occurrence. Complainant testified that appellant came at him “swinging the gun around . . . and he kicked me down the stairs and pushed me around, poking me with the gun,” that complainant called the police from a…