Medlin v. United States. (two Cases).house v. United States, 207 F.2d 33 (D.C. Cir. 1953)

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U.S. Court of Appeals for the District of Columbia Circuit - 207 F.2d 33 (D.C. Cir. 1953) Argued June 29, 1953
Decided July 23, 1953
Petition for Rehearing Denied October 12, 1953

Mr. James J. Laughlin, Washington, D. C., with whom Mr. Albert J. Ahern, Jr., Washington, D. C., was on the brief, for appellants.

Mr. E. Riley Casey, Asst. U. S. Atty., Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Arthur D. Schaffer and William J. Peck, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee. Messrs. Charles M. Irelan, U. S. Atty., and Joseph M. Howard, Asst. U. S. Atty., Washington, D. C., at the time the record was filed, also entered appearances for appellee.

Before EDGERTON, PRETTYMAN and WASHINGTON, Circuit Judges.

PER CURIAM.


The appellants were indicted and convicted of assault "with a dangerous weapon, that is, shoes" on their feet. There was substantial evidence that each appellant kicked the complaining witness. He was seriously injured.

Appellants contend that shoes on feet are not dangerous weapons. We think it clear that they are, at least when they inflict serious injuries. Cf. Tatum v. United States, 71 App.D.C. 393, 110 F.2d 555. Appellants' other contentions do not require discussion.

Affirmed.

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