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UNITED STATES v. WILLIAMS

No. 77-1657.

604 F.2d 277 (1979)

UNITED STATES of America, Appellee, v. Hubert H. WILLIAMS, Jr., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 25, 1979.

Attorney(s) appearing for the Case

Dwight F. Drake, Columbia, S. C., for appellant.

Thomas P. Simpson, Asst. U. S. Atty., Columbia, S. C. (Thomas E. Lydon, Jr., U. S. Atty., Columbia, S. C., on brief), for appellee.

Before WIDENER and PHILLIPS, Circuit Judges, and DUMBAULD, Senior District Judge.

WIDENER, Circuit Judge:

The defendant, Hubert H. Williams, Jr., was convicted by a jury of assaulting a Deputy United States Marshal in violation of 18 U.S.C. § 111.1 At trial, the defendant sought a jury instruction that knowledge that the victim was a federal officer is a necessary element of the offense without which he might not be convicted. The district court denied the defendant's request, and instead charged the jury that...

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