Robert H. Crosby v. United States

BURGER, Circuit Judge.

This is an in forma pawperis appeal from conviction of assault with a dangerous weapon, 22 D.C.Code Ann. § 502 (1961), under a one-count indictment] charging robbery, 22 D.C.Code Ann. § 2901 (1961).

The evidence tended to show that appellant attacked complainant, striking him with a Coca Cola bottle, and thereafter took from his person a wallet and money. At the close of the evidence, appellant requested that the court charge the jury .concerning simple assault and petit lar ceny as lesser included offenses. The court complied with that request, but also charged on…