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UNITED STATES v. ANALLA

No. 73-1635.

490 F.2d 1204 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Alfred ANALLA, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided January 29, 1974.

Attorney(s) appearing for the Case

Winston Roberts-Hohl, Asst. Federal Public Defender, Albuquerque, N. M., for defendant-appellant.

Richard J. Smith, Asst. U. S. Atty. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellee.

Before HILL, BARRETT and DOYLE, Circuit Judges.

HILL, Circuit Judge.

This is an appeal from a conviction of assault resulting in serious bodily injury under 18 U.S.C. § 1153,1 as defined in N.M.S.A. § 40A-3-5,2 Aggravated Battery. Trial was to a jury in the United States District Court for the District of New Mexico.

The evidence is virtually undisputed. Appellant, an Indian, resided on the Laguna...

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