George R. Woody v. United States

BURGER, Circuit Judge:

This is a very simple case which might appropriately be affirmed by a summary order except that the factual setting assumes some importance in light of the dissent.

The evidence showed that the complaining witness had been robbed in his office at gun point by Appellant. After the robbery the victim jumped out a window 12 feet to the ground and, crying “holdup”, pursued the assailant. He found Appellant being held at bay by two other citizens who had taken up the chase. Appellant was being held at gun point and had been disarmed. Witnesses testified that Appellant offered…