Petway v. United States

Appellant was convicted in the Criminal Division of the Superior Court of assault on a police officer in violation of D.C. Code 1973, § 22-505(a). In this court, he makes five assignments of error, * only one of which we find to require primary consideration-!. e. whether the trial court erred in refusing to instruct the jury on the lesser-included offense of simple assault despite appellant’s timely request.

The government’s evidence established that, sometime after four o’clock one January afternoon, appellant entered Stewart Junior High School through a back door and was asked to leave by…