United States v. John Richard Comerford

John Richard Comerford (“Appellant”) was charged with two counts of assault resulting in serious bodily injury in violation of 18 U.S.C. § 113 (f) (1982), one count of assault by striking or beating in violation of 18 U.S.C. § 113 (d) (1982) and one count of making a false statement in violation of 18 U.S.C. § 1001 (1982). The government voluntarily dismissed Count IV. After the close of the government’s case in chief, appellant moved for a judgment of acquittal on Counts I and II, requesting that those counts be submitted to the jury only as violations of 18 U.S.C. § 113 (d). Appellant also sought to introduce evidence that the victim named in Count I, Darrel Adams, had been arrested for striking his wife, Cathryn Adams, the victim named in Count II. The district court determined that the evidence should be excluded. After a jury trial, appellant was found guilty of two counts of assault by striking or beating in violation of 18 U.S.C. § 113 (d).

Appellant alleges on appeal that the district court erred in denying his motion for judgment of acquittal. He claims that there was insufficient evidence for the jury to consider a charge of serious bodily injury under 18 U.S.C. § 113…