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UNITED STATES v. STEWART

Nos. 77-5097, 77-5098.

568 F.2d 501 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Allen STEWART, Defendant-Appellant, UNITED STATES of America, Plaintiff-Appellee, v. Thomas Allen STEWART, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 5, 1978.

Attorney(s) appearing for the Case

Michael R. Lipscomb, Barry E. Hardin, Henderson, Tenn., for defendants-appellants.

W. J. Michael Cody, U. S. Atty., Devon L. Gosnell, Asst. U. S. Atty., Memphis, Tenn., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, ENGEL, Circuit Judge, and CECIL, Senior Circuit Judge.

ENGEL, Circuit Judge.

Following an altercation which took place on October 27, 1975, at Shiloh National Military Park, Shiloh, Tennessee, Michael Allen Stewart and his father, Thomas Allen Stewart, were charged with assaulting by striking, beating or wounding one Monty Ryan Waddell, in violation of 18 U.S.C. § 113(d) and 2.

In separate, non-jury trials, both defendants were convicted. Michael Stewart was tried before the district court, while Thomas Stewart...

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