UNITED STATES v. MASEL

No. 77-1022.

563 F.2d 322 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Bennett MASEL, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 13, 1977.

Rehearing Denied December 8, 1977.


Attorney(s) appearing for the Case

Mark A. Frankel, Madison, Wis., for defendant-appellant.

David C. Mebane, U. S. Atty., David J. Kline, Atty. U. S. Dept. of Justice, Washington, D.C., Grant C. Johnson, Asst. U. S. Atty., Madison, Wis., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, TONE, Circuit Judge, and GRANT, Senior District Judge.


FAIRCHILD, Chief Judge.

The appellant, Bennett Masel, was convicted of assaulting a Member of Congress in violation of 18 U.S.C. § 351(e). He was sentenced to fifteen days imprisonment. Execution of the sentence was stayed by the trial court pending the outcome of this appeal. Masel challenges this conviction on the grounds that the jury instructions permitted conviction for an offense the statute should not be construed to cover, and, alternatively, erroneously...

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