Rafael Torres v. United States

Fifth Circuit

Rafael Torres v. United States

360 F.2d 613, 1966 U.S. App. LEXIS 6163

Court of Appeals for the Fifth Circuit·Decided May 13, 1966·No. 22207·Published

Opinion

PER CURIAM.

Appellant 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).

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

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.

The judgment is affirmed.

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PER CURIAM.

Appellant 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).

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

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.

The judgment is affirmed.

Rafael Torres v. United States, 360 F.2d 613, 1966 U.S. App. LEXIS 6163 (5th Cir. 1966).

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Opinion

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