Appellant asks us so to apply the rule of Guarro v. United States, 1956, 99 U.S.App.D.C. 97, 237 F.2d 578, as to reverse the Municipal Court of Appeals and ultimately his conviction in the Municipal Court of a charge of assault. Without necessarily approving the opinion of the Municipal Court of Appeals, Seitner v. United States, D.C.Mun.App.1958, 143 A.2d 101, we cannot say on the record before us that there was error in the conviction itself.

Affirmed.

dissents.