PER CURIAM:
Anthony Joseph Agofsky, a federal prisoner, was convicted of assault with a dangerous weapon without just cause or excuse in violation of 18 U.S.C. § 113(c). He contends that the court should have charged the jury that he could be convicted of lesser included offenses, e. g., assault by striking, beating, or wounding, 18 U.S.C. § 113(d), or simple assault, 18 U.S.C. § 113(e).
The evidence disclosed that Agofsky, in the nighttime...
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