Herman Harris v. United States, 402 F.2d 205 (D.C. Cir. 1968). · Go Syfert
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Herman Harris v. United States, 402 F.2d 205 (D.C. Cir. 1968). Cases Citing This Book View Copy Cite
6 citation events across 4 distinct courts.
Strongest positive: Local 732, International Brotherhood of Teamsters v. National Mediation Board (nysd, 1977-10-12)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Local 732, International Brotherhood of Teamsters v. National Mediation Board
S.D.N.Y. · 1977 · confidence medium
Cf. McCulloch v. Sociedad Nacional de Marineros de Honduras, 372 U.S. 10 , 83 S.Ct. 671 , 9 L.Ed.2d 547 (1963); International Bhd. of Teamsters v. Brotherhood of Ry., Airline & S. S. Clerks, supra, 131 U.S.App.D.C. at 64, 402 F.2d at 205.
discussed Cited as authority (rule) United States v. Grau
E.D. Wis. · 1972 · confidence medium
“Offenses are not the same if, upon the trial of one, proof of an additional fact is required which is not necessary to be proved in the trial of the other.” See also Harris v. United States, 131 U.S.App.D.C. 64 , 402 F.2d 205, 206 (1968); United States v. Bruni, 359 F.2d 807, 808 (7th Cir. 1966), cert. denied 385 U.S. 826 , 87 S.Ct. 59 , 17 L.Ed.2d 63 (1966); United States v. Kramer, 289 F.2d 909, 913 (2d Cir. 1961).
Retrieving the full opinion text from the archive…
Herman HARRIS, Appellant,
v.
UNITED STATES of America, Appellee
21462_1.
Court of Appeals for the D.C. Circuit.
Sep 11, 1968.
402 F.2d 205
1968 U.S. App. LEXIS 5575
Mr. Donald O. Lincoln, Washington, D. C., (appointed by this court) for appellant., Mr. Lawrence Lippe, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Geoffrey M. Alprin, Asst. U. S. Attys., were on the brief, for appellee.
Burger, McGowan, Tamm.
Cited by 3 opinions  |  Published
2 passages pin-cited by 1 case
Pinpoint authority: bottom 66%
Citer courts: D.C. Circuit (2)
BURGER, Circuit Judge:

This is an appeal from a conviction for assaulting a police officer. 22 D.C.Code § 505(a) (1967). Appellant claims that a prior conviction for disorderly conduct, 22 D.C.Code § 1107 (1967), constituted a bar to the prosecution for assault.

In the course of a police officer’s attempt to arrest Appellant for uttering obscene phrases, Appellant forcibly resisted, and a scuffle ensued in which Appellant injured the officer — one wound requiring nine stitches. Appellant’s claim that a prosecution for assaulting the police officer constitutes double jeopardy rests on the circumstance that one part of the Government’s case on assault was evidence of the disorderly conduct, an offense for which Appellant has already been convicted. However, the existence or showing of facts common to both charges and the introduction of some of the same evidence in the second prosecution does not mean that Appellant has been unconstitutionally tried for identical offenses. E. g., Morgan v. Devine, 237 U.S. 632, 35 S.Ct. 712, 59 L.Ed. 1153 (1915); Gavieres v. United States, 220 U.S. 338, 31 S.Ct. 421, 55 L.Ed. 489 (1911).

The offense of assaulting a police officer by striking and biting him is not the same offense as conduct based on the use of profanity, even though both occurred in a relatively short span of time and at the same place. See, e. g., Moreland v. State, 125 Ark. 24, 188 S.W. 1 (1916); People v. Weinstein, 157 Misc. 183, 283 N.Y.S. 150 (Ct.Sp.Sess.N.Y.C.1935). Although some of the same evidence may have been an ingredient as to certain elements of each offense, it is abundantly clear that two separate statutes were violated by Appellant’s separate acts. The prohibition of each statute reaches different interests and has different elements of proof.' Here the evidence of the disorderly conduct was simply background matter to place the events of the assault in their setting. Cf. Gore v. United States, 357 U.S. 386, 78 S.Ct. 1280, 2 L.Ed.2d 1405 (1958) ; Martinis v. Supreme Court, 15 N.Y.2d 240, 258 N.Y.S.2d 65, 206 N.E.2d 165 (1965). See also Irby v. United States, 129 U.S. App.D.C. 17, 390 F.2d 432 (1967 en banc).

Affirmed.