Henderson v. United States

CAYTON, Chief Judge.

We are again called on to review a conviction on a charge of assault, where a defendant in the expression of a homosexual overture touched the genitalia of a police officer. 1

The incident took place in a smoking room adjoining the men’s room in the basement of a theatre. The arresting officer testified that he passed the defendant in the smoking room and the defendant stood in the doorway between the smoking room and the men’s room watching the officer; that after the officer returned from the men’s room to the smoking room he walked past the defendant and stopped at the…