UNITED STATES v. LINCOLN

No. 72-1093.

462 F.2d 1368 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Clyde LINCOLN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

June 28, 1972.


Attorney(s) appearing for the Case

Robert S. Brandt, Nashville, Tenn. (Court-appointed) for appellant.

Ira E. Parker, Nashville, Tenn., for appellee; Charles H. Anderson, U.S. Atty., M. D. Tennessee, on brief.

Before WEICK, PECK, and McCREE, Circuit Judges.


PER CURIAM.

This is an appeal from conviction of knowingly and willfully making a threat to take the life of the President of the United States in violation of 18 U.S.C. § 871(a). Appellant was convicted by a jury and sentenced to serve two and one-half years in prison. The only substantial issue presented is whether the District Court properly instructed the jury about the meaning of the phrase "knowingly and willfully" as used in the statute:

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