Danilo Konvalinka v. United States

287 F.2d 346, 109 U.S. App. D.C. 307, 1961 U.S. App. LEXIS 5475

Opinion

PER CURIAM.

Appellant was convicted of assault after trial in the Municipal Court. D.C. Code § 22-504 (1951). The Municipal Court of Appeals affirmed the conviction. Konvalinka v. United States, 1960, 162 A.2d 778. We granted leave to appeal. The contentions here urged are of the same nature as those presented to the Municipal Court of Appeals. After careful consideration, we have concluded that the testimony of the complaining witness was sufficiently corroborated, not only by his spontaneous declaration to a police of- fleer immediately after the alleged assault — constituting a measure of corroboration of his own testimony concerning the corpus delicti — but also by the testimony of others tending to confirm his story in respect of such matters as the telephone call and cutting tool, as described in the opinion of the Municipal Court of Appeals. We find no error affecting substantial rights

Affirmed.