Vernon C. Burke v. United States

Jurisdiction

On March 27, 1956, Appellant was duly indicted for the alleged crime of Assault with a Dangerous Weapon, in violation of § 65-4-22 of the Alaska Compiled Laws Annotated, 1949. The entire chapter and scene of this cause in the District Court was written and closed, culminating in a jury verdict of guilty and the District Court’s judgment of conviction entered on April 2, 1958, prior to the achievement of statehood by the Territory of Alaska. Appellant appeals from this judgment of conviction. The District Court had ( 48 U.S.C.A. § 101 ) and this Court has ( 28 U.S.C. §§ 1291 and 1292, prior to the Amendments— Public Law No. 85-508, 72 Stat. 339), jurisdiction.

Statement of Facts

On March 18, 1956, during the early morning hours, Appellant and a John Homethko were in the Alley Cat bar near Fairbanks, Alaska. The evidence disclosed that although Homethko held the lease for the bar, there was an oral arrangement between the two that Appellant held an interest in the operation. Appellant ignored a request of service by Homethko and an argument resulting in a fist fight ensued. Homethko left to change bloody clothing after advising Appellant that the business arrangement…