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UNITED STATES v. BARNETT

No. 73-3303 Summary Calendar.

492 F.2d 790 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Leon L. BARNETT, Jr., a/k/a Laurie L. Barnett, Jr., a/k/a Lloyd L. Barnett, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 15, 1974.

Attorney(s) appearing for the Case

Wayne M. Carroll, Gainesville, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., John J. Daley, Jr., Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before COLEMAN, DYER and RONEY, Circuit Judges.

PER CURIAM:

Barnett appeals his conviction entered upon a jury verdict of assaulting a federal officer in violation of 18 U.S.C.A. § 111. He complains that the district court refused to instruct the jury that the defendant's knowledge of the federal official's capacity is an essential element of the offense; that the court erred in refusing to instruct that the use of reasonable force in the protection of defendant's property from trespassers is a valid defense...

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