McDermett v. United States

CAYTON, Chief Judge.

By information filed in the trial court defendant was charged with assault.1 He was convicted on the testimony of a police officer named Klopfer who said that simultaneously with an invitation to a homosexual act defendant put his hand on the officer’s genital organ. The question before us is whether under the facts as presented at the trial the conviction can be permitted to stand.

Quite recently we had occasion to review a conviction of a charge of assault, in connection with which the defendant was said to have expressed a homosexual purpose. Dyson v. United States,…