Isaac Williams v. United States

FAHY, Circuit Judge:

Appellant was convicted of assault with a dangerous weapon. There was testimony and other evidence that he assaulted a man in a bar or grill with a bottle and bar stool. Appellant himself was shot by one Butler, the proprietor of the place who was tending the bar. Reversal is sought on grounds now to be mentioned and discussed with brevity.

It is said the court erroneously refused the request of defense counsel for an instruction on the lesser included offense of simple assault. We find no error in this respect. There was insufficient evidence of simple assault to have…