EVANS v. UNITED STATES

No. 543-70.

442 F.2d 1031 (1971)

Johnny Ross EVANS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

May 14, 1971.


Attorney(s) appearing for the Case

Mary Stephenson Allen, Oklahoma City, Okl., for appellant.

John E. Green, Asst. U. S. Atty., Oklahoma City, Okl. (William R. Burkett, U. S. Atty. with him on the brief), for appellee.

Before PICKETT and HOLLOWAY, Circuit Judges, and BRATTON, District Judge.


BRATTON, District Judge.

Appellant Johnny Ross Evans was convicted of violating 18 U.S.C. § 113(c) upon trial to the court and was sentenced to a five year prison term.

At the time of the crime of which appellant presently stands convicted in the court below, he was an inmate of the federal correctional institution at El Reno, Oklahoma. The victim of the assault by stabbing was also an inmate, one Frank Ivy Clanton. Evans had had trouble with Clanton...

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