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UNITED STATES v. THOMAS

Nos. 71-1491, 71-1510.

451 F.2d 760 (1971)

UNITED STATES of America v. Isaac Weston THOMAS, Appellant in No. 17-1491, Pernell Randolph Johnson. Appeal of Pernell Randolph JOHNSON, in No. 71-1510.

United States Court of Appeals, Third Circuit.

Decided November 19, 1971.

Attorney(s) appearing for the Case

Peter S. Valentine, Glickman & Valentine, Newark, N. J., argued for appellant Isaac Weston Thomas.

Louis Serterides, Jersey City, N. J., argued for appellant Pernell Randolph Johnson.

William A. Carpenter, Jr., Asst. U. S. Atty., Newark, N. J. (Herbert J. Stern, U. S. Atty., Newark, N. J., on the brief), for appellee.

Before SEITZ, Chief Judge, and HASTIE, Circuit Judge, and HERMAN, District Judge.

OPINION OF THE COURT

PER CURIAM:

Defendants who were found guilty after a trial by jury of violation of 18 U.S.C.A. § 113, assault with intent to murder one James Dixon, Jr., on the United States Government Military Reservation, at Fort Monmouth, New Jersey, raise on appeal the following issues:

(1) Did the trial judge commit plain error in his charge when he said:

"At the outset of the trial...

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