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UNITED STATES v. JOHNSON

No. CA 78-2736.

637 F.2d 1224 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Burdette JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 29, 1980.

Attorney(s) appearing for the Case

Jeffrey G. Howe, Asst. U.S. Atty., Boise, Idaho, for defendant-appellant.

Randall D. Schulthies, Pocatello, Idaho, for plaintiff-appellee.

Before WRIGHT, GOODWIN, Circuit Judges, and SPENCER WILLIAMS, District Judge.

SPENCER WILLIAMS, District Judge:

Larry Burdette Johnson was convicted of one count of assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 11531 and 113(f)2 (1976). On this appeal, Johnson raises several instances of claimed error which occurred during his trial, the most important of which was the trial court's refusal to deliver lesser included offense jury instructions. We conclude...

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