Legal Opinion

Harris v. United States

District of Columbia Court of Appeals

Decided February 26, 1975No. 8071PublishedCited by 14 opinions

1Opinion of the Court

NEBEKER, Associate Judge:

This appeal presents a question of sufficiency of evidence respecting whether a blank or gas cartridge-type pistol is a dangerous weapon when used in an assault by pointing it at another. Also presented is whether a mistrial or a new trial was required when the defense of “only joking” (no criminal intent) was rebutted by testimony that the accused was ill and in discomfort from narcotic withdrawal symptoms. We affirm the conviction for assault with a dangerous weapon (D.C.Code 1973, § 22-502) because the pistol used need not have been of the usual type and because…

2Cases cited11 opinions

  1. Loy Lavator Baker v. United StatesCourt of Appeals for the Fifth Circuit · 1969
  2. United States v. Thomas E. Fench, United States of America v. William H. BlackwellCourt of Appeals for the D.C. Circuit · 1973
  3. United States v. Dewey BobbittCourt of Appeals for the D.C. Circuit · 1971
  4. Scott v. United StatesDistrict of Columbia Court of Appeals · 1968
  5. Bass v. StateDistrict Court of Appeal of Florida · 1970

6 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Perry v. United StatesDistrict of Columbia Court of Appeals · 2011
  2. Anthony v. United StatesDistrict of Columbia Court of Appeals · 1976
  3. Johnson v. United StatesDistrict of Columbia Court of Appeals · 1992
  4. Paris v. United StatesDistrict of Columbia Court of Appeals · 1986
  5. Bruce v. United StatesDistrict of Columbia Court of Appeals · 1992

9 more not listed; retrieve them via the Exa API.

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