Blocker v. United States

TERRY, Senior Judge:

After a jury trial, appellant was convicted of assault on a police officer (“APO”) and carrying a pistol without a license (“CPWL”). On appeal he contends that the trial judge committed reversible error when, after realizing that he had instructed the jury on an unindicted charge of APO while armed, he withdrew the indicted charge of APO with a dangerous weapon and reinstructed the jury, after it had begun deliberations, on the lesser included charge of APO. Appellant also argues that the trial judge committed reversible error when he denied a defense request to instruct…