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Smith v. United States

United States Court of Appeals for the District of Columbia Circuit
601 A.2d 1080 (1992)


Joseph Smith (defendant) robbed a grocery store with an unknown accomplice. The accomplice pointed a gun at the cashier, while Smith approached the cash register. A customer then entered the store, and after Smith knocked him down the accomplice pointed the gun in the customer’s face. A third victim entered from the back of the store, and the accomplice pointed the gun at him. Smith took the money from the cash register and the two men fled. Smith was apprehended but the accomplice was not. Smith was charged as an aider and abettor with the armed robbery of the cashier and two counts of assault while armed against the other two victims. The jurisdiction had two distinct types of assault, attempted battery assault and intent-to-frighten assault, but the judge only instructed the jury on attempted battery assault. Smith was convicted on all counts. Smith appealed, alleging that the evidence was insufficient to support the conviction for assault under the attempted battery assault standard as the only standard given to the jury.

Rule of Law


Holding and Reasoning (Newman, J.)

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