UNITED STATES v. LOPEZ

No. 76-1384.

543 F.2d 1156 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Jesse Lara LOPEZ, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 3, 1977.


Attorney(s) appearing for the Case

John A. Pickens, Atlanta, Ga. (Court-appointed), for defendant-appellant.

John W. Stokes, U.S. Atty., Robert A. Boas, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before AINSWORTH and RONEY, Circuit Judges, and ALLGOOD, District Judge.


ALLGOOD, District Judge:

Appellant Lopez was indicted on two counts of assaulting employees of the Atlanta Federal Penitentiary in violation of 18 U.S.C.A. 111.1 He was convicted by a jury on Count One alleging an assault on Associate Warden Robert L. Mulliken and acquitted on the second count which concerned an assault on another associate warden arising out of the same incident charged in Count...

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