¶1*692Bazelon, Circuit Judge, dissented.
¶2Mr. Robert B. Hirsch, Washington, D. C., (appointed by this Court) for appellant.
¶3Mr. Paul J. Spielberg, Asst. U. S. Atty., of the Bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Messrs. Oliver Gasch, U. S. Atty., and Carl W. Belcher, Asst. U. S. Atty., were on the brief, for appellee.
¶4Before Prettyman, Chief Judge, and Bazelon and Burger, Circuit Judges.
¶6This is an appeal from conviction for assault with a dangerous weapon, a razor, in the course of a fight with the complaining witness. The grounds for appeal are (1) that the jury was not specifically charged that intent to commit injury with the razor was an essential element of the crime1 (no request for such specific charge was made); and (2) that the government’s argument to the jury was prejudicially improper. We have examined the record and conclude the appeal should be dismissed as improvidently granted. Court appointed counsel ably presented appellant’s contentions.
¶7Appeal dismissed.
¶13(dissenting).
¶14I would affirm the judgment of conviction.
¶15I do not join in the dismissal of this appeal because I do not think the division of this court which granted leave to appeal in forma pauperis acted improvidently in determining that a question was presented which was not plainly frivolous within the meaning of Ellis v. United States, 1958, 356 U.S. 674, 78 S.Ct. 974, 2 L.Ed.2d 1060. Cf. Young v. United States, - U.S.App.D.C. -, 267 F.2d 692, and my statement in Jones v. United States, - U.S.App.D.C. -, 266 F.2d 924.