UNITED STATES v. DUNCAN

No. 13777.

310 F.2d 367 (1962)

UNITED STATES of America, Plaintiff-Appellee, v. William Howard DUNCAN, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

December 3, 1962.


Attorney(s) appearing for the Case

William Howard Duncan, Prentice H. Marshall, Chicago, Ill., for appellant.

Richard P. Stein, U. S. Atty., Joseph A. Kutch, Asst. U. S. Atty., Indianapolis, Ind., for appellee.

Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.


CASTLE, Circuit Judge.

William Howard Duncan, the defendant-appellant, was found guilty by a jury of assault with a dangerous weapon with intent to do bodily harm, in violation of 18 U.S.C.A. § 113(c), and judgment was entered upon the verdict. On September 29, 1961, defendant filed a motion to "correct record of judgment and conviction". Jurisdiction was predicated under Rule 36, Federal Rules of Criminal Procedure (18 U.S.C.A.). On February 12, 1962, the District...

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