Thomas v. United States

CAYTON, Acting Judge.

This was a prosecution for an indecent assault upon a police officer. The charge was brought under our assault statute. Code 1951, § 22-504. Defendant waived his right to a jury, and was tried by the court and found guilty. The trial judge imposed no sentence, but took defendant’s personal recognizance or bond not to repeat the offense. 1 Defendant has brought the case here on appeal.

The Government, though conceding that there is an appealable conviction, has moved to dismiss the appeal, on the ground that defendant’s remedy was not by appeal of right but by application.…