UNITED STATES v. APPLEGATE

No. 24322.

424 F.2d 1042 (1970)

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

United States Court of Appeals, Ninth Circuit.

April 29, 1970.


Attorney(s) appearing for the Case

Richard Romano (argued), San Francisco, Cal., for appellant.

William C. Smitherman (argued), Asst. U. S. Atty., Richard K. Burke, U. S. Atty., Tucson, Ariz., for appellee.

Before BARNES, HUFSTEDLER and WRIGHT, Circuit Judges.


PER CURIAM:

This appeal raises a single question: Was the failure of the district court, on its own motion, to instruct the jury on defense of property, self-defense, or defense of a third person in an assault case "plain error * * * affecting substantial rights" within the meaning of Rule 52, F.R.Crim.P., under the facts of this case?

Appellant was charged and found guilty of assaulting Immigration Patrol Inspectors with a gun on two occasions when they approached...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases