UNITED STATES v. FAY

No. 81-1605.

668 F.2d 375 (1981)

UNITED STATES of America, Appellee, v. Leighton Lee FAY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 30, 1981.


Attorney(s) appearing for the Case

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

Terry L. Pechota, U. S. Atty., Sioux Falls, S. D., Dawn Bowen, argued, Asst. U. S. Atty., Pierre, S. D., for appellee.

Before HENLEY and ARNOLD, Circuit Judges, and HARRIS, Senior District Judge.


HENLEY, Circuit Judge.

Defendant appeals his conviction of four counts of assault resulting in serious bodily injury, three counts of assault with a dangerous weapon, and one count of assault by striking, beating, or wounding. We affirm in part and reverse in part.

The charges against defendant arose out of what was apparently a New Year's Day free-for-all involving defendant, an Indian male, and a number of Indian women. On December 31, 1980 defendant drove...

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