No. 72-3620 Summary Calendar.

485 F.2d 193 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. James Ernest JAQUA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 30, 1973.

Attorney(s) appearing for the Case

Victor Arditti, John H. Whitaker, El Paso, Tex., for defendant-appellant.

William S. Sessions, U. S. Atty., San Antonio, Tex., Edward Marquez, Asst. U. S. Atty., El Paso, Tex., for plaintiff-appellee.

Before WISDOM, AINSWORTH and CLARK, Circuit Judges.

AINSWORTH, Circuit Judge:

James Ernest Jaqua was convicted of resisting, assaulting, opposing, impeding, and interfering with an officer of the United States Border Patrol, while that officer was engaged in the performance of his official duties, in violation of 18 U.S.C. § 111. Various issues are presented on appeal, three of which constitute prejudicial error.1 We reverse because the district court erred in allowing the Government...

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