Joseph M. Joyner v. United States

Appellant, charged with robbery,1 was convicted of assault with intent to commit robbery. Since “robbery, under the District statute, is possible without assault,”2 he maintains that assault with intent to commit robbery is not “an offense necessarily included in” a charge of robbery. Rule 31(c), F.R.Cr.P.

The District robbery statute denounces several kinds of acts taking the property of another, at least one of which apparently does not require an assault.3 Appellant was charged in the full language of the statute, substituting, of course, the conjunctive and for the disjunctive or where…