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UNITED STATES v. HARRIS

No. 80-1727.

661 F.2d 138 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Lee HARRIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 28, 1981.

Attorney(s) appearing for the Case

Francis Leland Pico, Asst. U.S. Atty., Cheyenne, Wyo. (Charles E. Graves, U.S. Atty., Cheyenne, Wyo., and George Santini, Legal Intern, with him on the brief), for plaintiff-appellee.

James H. Barrett of Trierweiler, Bayless, Barrett & McCartney, Cheyenne, Wyo., for defendant-appellant.

Before SETH, Chief Judge, McWILLIAMS, Circuit Judge, and TEMPLAR, District Judge.

McWILLIAMS, Circuit Judge.

Terry Lee Harris was charged with the murder on or about February 23, 1980, of his eight-month old son, T'Mel J. Harris, at Francis E. Warren Air Force Base, in violation of 18 U.S.C. § 1111 (1976).1 In a second count, Harris was charged with fracturing his son's left leg on or about November 5, 1979, at Francis E. Warren Air Force Base, in violation of 18 U.S.C. § 13 (1976),2

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