Torres v. United States

Fifth Circuit Court of Appeals

Decided May 13, 1966.

Fifth Circuit Court of Appeals · decided 1966-05-13

Cited by 1 later decisions — most recently May 1966

1 federal appellate ·

2 counsel of record

Applies 18 U.S.C. § 113

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1966-05-13

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¶1Jack R. Nageley, Miami Beach, Fla. (Court-appointed counsel), for appellant.

¶2Aaron A. Foosaner, Asst. U. S. Atty., Miami, Fla., William A. Meadows, Jr., U. S. Atty., for appellee.

¶3Before WISDOM and COLEMAN, Circuit Judges, and HUGHES, District Judge.

¶4PER CURIAM.

¶5Appellant was charged and convicted of “ [ajssault with a dangerous weapon, with intent to do bodily harm and without just cause or excuse … ” 18 U.S.C. § 113(c).

¶6 *614Appellant contends (1) there was a failure to prove intent, (2) the indictment was insufficient, and (3) the evidence did not support a guilty verdict.

¶7 Our view of the record convinces us that the testimony was sufficient to show that the defendant was guilty of the offense charged and specifically that there was no failure to prove intent. An examination of the indictment establishes without doubt that all necessary elements for its sufficiency are present.

¶8The judgment is affirmed.