Smith v. United States

KELLY, Associate Judge:

Appellant was convicted by a jury of assault with a dangerous weapon (D.C.Code 1973, § 22-502). He alleges on appeal that the trial judge erred (1) by denying his. motion for acquittal at the close of the government’s case; (2) by failing to give a jury instruction on witness identification even though defense counsel specifically declined to request it; and (3) by denying his request for a missing witness jury instruction.

At approximately 7:45 p. m. on September 27, 1972, Miss Margaret Parker was assaulted as she was stepping from her car on 49th St., N.E. She had…