Burcham v. United States

WILBUR K. MILLER, Associate Justice.

James A. Burcham, the appellant, was convicted in the District Court of the United States for the District of Columbia of assault with a dangerous weapon. He appeals on three grounds: (a) that the court erroneously admitted evidence of an offense other than that for which the appellant was being tried; (b) that the court should have instructed on simple assault, an offense included in that of which he was accused ; and (c) that the court erred in telling the jury that a recommendation of mercy is not binding on the court.

Burcham boarded a westbound…