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UNITED STATES v. IRON SHELL

No. 80-1083.

633 F.2d 77 (1980)

UNITED STATES of America, Appellee, v. John Louis IRON SHELL, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 24, 1980.

Rehearing Denied October 24, 1980.

Attorney(s) appearing for the Case

Stanley E. Whiting, Day, Grossenburg & Whiting, Winner, S. D., for appellant.

Terry L. Pechota, U. S. Atty., Sioux Falls, S. D., for appellee.

Before HEANEY, BRIGHT, and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

Defendant, John Louis Iron Shell, appeals from a jury conviction1 of assault with intent to commit rape in violation of the Major Crimes Act, 18 U.S.C. § 1153 (1970). Iron Shell raises ten issues on appeal. The five primary questions are two evidentiary rulings concerning hearsay, the defendant's allegation that the district court should have instructed the jury on a lesser included offense, an attack on...

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