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UNITED STATES v. STOLARZ

No. 76-1857.

550 F.2d 488 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. John D. STOLARZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 17, 1977.

Attorney(s) appearing for the Case

George R. Nock, Associate Professor, University of Puget Sound School of Law, Tacoma, Wash., for defendant-appellant.

Robert M. Taylor, U. S. Atty., John S. Obenour, Asst. U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before TRASK and ANDERSON, Circuit Judges, and WOLLENBERG, District Judge.

WOLLENBERG, District Judge:

While a prisoner at the United States Penitentiary at McNeil Island, Washington, appellant was charged in a one count indictment with assaulting another prisoner with intent to commit murder in violation of 18 U.S.C. § 113(a). Over his objection, the jury was instructed that they might find him guilty either of the offense charged or the lesser included offense of assault with a dangerous weapon with intent to do bodily harm, 18 U...

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