United States v. Jeffrey Paul Lewellyn

McKEOWN, Circuit Judge.

Jeffrey Paul Lewellyn appeals his conviction for simple assault under 18 U.S.C. § 113(a)(5) for intentionally spitting on a patient while on the grounds of the Veterans Administration Medical Center in Walla Walla, Washington. The issue we consider is whether intentionally spitting on another person constitutes simple assault within the meaning of the statute. We hold that the statute encompasses such conduct under the theory of assault as an attempted battery. Accordingly, we affirm the conviction.

Factual Background

Lewellyn was charged with committing simple assault…