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UNITED STATES v. LAVALLIE

No. 81-1595.

666 F.2d 1217 (1981)

UNITED STATES of America, Appellee, v. Archie Albert LAVALLIE, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 18, 1981.

Rehearing Denied February 4, 1982.

Attorney(s) appearing for the Case

Richard W. Olson, argued, Murray, Olson, Larivee, Bohlman & Engen, Ltd., Grand Forks, N.D., for appellant.

James R. Britton, U. S. Atty., Lynn E. Crooks, argued, Asst. U. S. Atty., Fargo, N.D., for appellee.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and COLLINSON, Senior District Judge.

McMILLIAN, Circuit Judge.

Archie Albert Lavallie, Jr., appeals from a final judgment entered in the District Court for the District of North Dakota upon a jury verdict finding him guilty of carnal knowledge of a female under 16 years of age, in violation of 18 U.S.C. §§ 1153, 2032. The district court sentenced Lavallie to five years imprisonment. For reversal Lavallie argues that the district court erred in (1) instructing the jury that voluntary intoxication...

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