U.S. Court of Appeals for the D.C. Circuit, 1963

Thaddeus E. Tansimore v. United States

U.S. Court of Appeals for the D.C. Circuit · Decided June 17, 1963 · Edgerton, Per Curiam, Prettyman, Washington

317 F.2d 899 (Federal Reporter, Second Series)

Counsel

Mr. Eugene I. Lambert, Washington, D. C. (appointed by this court), for appellant. ., Mr. William C. Weitzel, Jr., Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., and Messrs. Frank Q. Nebeker and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Cases that cite this one

1 later published case cites this decision.

John A. Naples v. United States (D.C. Cir. 1964)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

*900 PER CURIAM.

Appellant was indicted for rape and convicted of assault with intent to commit rape. Relying upon the first Green case 1 he says the trial judge erred in giving an instruction on the lesser offense. But Green is inapplicable for two reasons: (1) There was no request for the instruction in that case; here a request was made by defense counsel. (2) In that case this court held that the record reflected no evidence which would establish the elements of the lesser offense without proving the greater. No such question arises in the present case. The legal definition of the greater offense clearly includes the lesser. The evidence here tended to prove a series of events, part of which, if believed, would establish the lesser offense but not the greater. Thus the instruction was proper. We find no error.

Affirmed.

. Green v. United States, 95 U.S.App.D.C. 45, 218 F.2d 856 (D.C.Cir. 1955).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.