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UNITED STATES v. JOHNSON

No. 76-2105. Summary Calendar.

542 F.2d 230 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Leonard Edward JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 5, 1976.

Attorney(s) appearing for the Case

James A. McPherson, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Asst. U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

Appellant Leonard Edward Johnson was convicted in federal district court of violating 18 U.S.C. § 1111 by pointing a Luger pistol at two FBI agents in an effort to escape them. Johnson asserts that the judgment should be reversed for three reasons: (1) the district court should have granted his motion for judgment of acquittal because he had a legal excuse...

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