UNITED STATES v. FREDERICKS

No. 78-1866.

599 F.2d 262 (1979)

UNITED STATES of America, Appellee, v. Paul Jonas FREDERICKS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 22, 1979.


Attorney(s) appearing for the Case

Orell D. Schmitz of Scholosser & Schmitz, Bismarck, N. D., for appellant.

James R. Britton, U. S. Atty., Fargo, N. D., argued, and James S. Hill, Asst. U. S. Atty., Bismarck, N. D., on brief, for appellee.

Before LAY, ROSS and McMILLIAN, Circuit Judges.


LAY, Circuit Judge.

Defendant was found guilty by a jury on two counts of assault with a dangerous weapon in violation of 18 U.S.C. §§ 113(c) and 1153. Defendant contends the exclusion of certain hearsay evidence at trial and the manner in which the trial judge instructed the jury as to the weapon used in the assault require reversal. We affirm.

In May of 1978 defendant fired an AR-15 semi-automatic rifle at a car carrying two men and the defendant...

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