Edward W. Cooke v. United States

BAZELON, Circuit Judge.

On appellant’s claim of self-defense, the jury acquitted him of the charge of assault with a dangerous weapon. D.C. Code § 22-502 (1951). But it found him guilty on the companion charge of carrying the pistol which he used to defend himself. D.C.Code § 22-3204 (Supp. VII 1959). The trial judge instructed the jury that appellant was guilty of carrying a dangerous weapon if he (1) carried the gun in a public place, and (2) it was not licensed. Appellant’s primary point on this appeal is that the court erred in refusing to instruct the jury that he could lawfully carry the…