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UNITED STATES v. PERKINS

No. 73-1064.

488 F.2d 652 (1973)

UNITED STATES of America, Appellee, v. Louis Irving PERKINS, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided December 14, 1973.

Attorney(s) appearing for the Case

Conrad W. Fisher, Worcester, Mass., by appointment of the Court, with whom Fisher, Helfenbein & Russell, Worcester, Mass., was on brief, for appellant.

William A. Brown, Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., was on brief, for appellee.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

After a trial by jury, appellant was convicted of wilfully and forcibly assaulting two federal officers by means of a dangerous weapon, a rifle, in violation of 18 U.S.C. § 111 (1970).1 Although he urges numerous grounds for reversal, appellant primarily contends that the jury should have been instructed that the government must establish beyond a reasonable doubt that at the time of the assault he knew the...

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