UNITED STATES v. BLEVINS

No. 76-2420.

555 F.2d 1236 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Ralph Luther BLEVINS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 13, 1977.


Attorney(s) appearing for the Case

P. Bruce Kirwan, Federal Public Defender, Atlanta, Ga. (Court-appointed not under ACT), Andrew H. Marshall, Atlanta, Ga., for defendant-appellant.

John W. Stokes, U. S. Atty., Jeffrey B. Bogart, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before GOLDBERG and HILL, Circuit Judges, and KERR, District Judge.


KERR, District Judge.

Defendant, Ralph Luther Blevins, was indicted, tried and convicted by a jury on a one-count indictment charging assault with a dangerous weapon under the provisions of 18 U.S.C.A. § 113(c). On appeal defendant urges that the trial court erred in its instructions on self-defense, that the prosecutor's behavior deprived him of a fair trial, and that the trial court improperly commented on the evidence.

The indictment is based upon...

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