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UNITED STATES v. GRESCHNER

No. 80-2216.

647 F.2d 740 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. John Andrew GRESCHNER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 21, 1981.

Attorney(s) appearing for the Case

David E. Booth, Federal Public Defender, East St. Louis, Ill., for defendant-appellant.

Mary B. Beauparlant, Asst. U. S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Before SWYGERT and SPRECHER, Circuit Judges, and MARSHALL, District Judge.

SPRECHER, Circuit Judge.

This case involves the stabbing of a prisoner in a United States prison by another prisoner. The defendant was convicted of assault and of conveying a weapon within the prison. The defendant appeals certain evidentiary rulings regarding the assault charge and raises arguments concerning sufficiency of the evidence and double jeopardy regarding the conveying charge. We reverse both convictions.

I

On November 18, 1979, John...

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