United States v. Frank W. Winston

LEVENTHAL, Circuit Judge:

The appellant was convicted of assault with intent to commit robbery, assault with a dangerous weapon, and possession of a pistol without a license. He was sentenced to eight years of imprisonment under the Youth Corrections Act. We cannot sustain the conviction on the present record, but conclude that in the interest of justice the record should be remanded to clarify a matter that may provide a basis for sustaining the conviction.

Prosecution Evidence of Defendant’s Commission of Crime

The sole evidence linking appellant with the crime was testimony of Eugene Carbo,1…