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UNITED STATES v. WEBSTER

No. 79-1871.

620 F.2d 640 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Stanley WEBSTER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 1980.

Attorney(s) appearing for the Case

Richard E. Reilly, Milwaukee, Wis., for defendant-appellant.

Elizabeth Adelman, Asst. U. S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, WOOD, Circuit Judge, and JAMESON, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

At issue is the appropriate jury instruction to be given when the defendant is charged with a violation of Sec. 113(f), Title 18, assault resulting in serious bodily injury.1 The admitted assault took place on May 21, 1979 on the Menominee Indian Reservation in Wisconsin. Assault on the reservation comes within the provisions of Sec. 113 by reason of Sec. 1153 of Title 18.2

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