Jesse R. Broughman v. United States

BAZELON, Chief Judge.

Appellant seeks reversal of his robbery conviction on the ground that the trial judge erred in refusing to instruct the jury on the lesser included offense of simple assault.

The Government’s evidence consisted of the following. The complaining witness, Weedon, testified that at 11.00 P.M. one night, after having a sandwich and “about four” beers, he was propositioned by a woman as he was walking on the street. After telling her to mind her own business, he was grabbed by two men and robbed of his billfold and $213 in cash. Weedon identified appellant as one of the two men…