Robert L. Brown v. United States

Appellant was convicted of assault with a dangerous weapon. 22 D.C. Code § 502 (1967). He claims that the trial judge committed error in giving a missing witness instruction to the jury. We agree it was error, but on the facts of this case we think it was harmless. Accordingly, we affirm the conviction.

I

The grand jury indicted appellant for assault with intent to commit robbery and assault with a dangerous weapon. The Government’s version of the facts, as adduced by its witnesses, was that appellant and a woman came to the apartment of a Mrs. Wilson late one night and demanded that she give…