UNITED STATES v. HEAD

Nos. 79-5293, 5303 and 6727.

641 F.2d 174 (1981)

UNITED STATES of America, Appellee, v. Murdock HEAD (3 Cases), Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 9, 1981.

Rehearing Denied April 16, 1981.


Attorney(s) appearing for the Case

Frank W. Dunham, Brian P. Gettings, Washington, D. C. (Wallace H. Kleindienst, Arlington, Va., William L. Jacobson, Third Year Law Student, Leonard, Cohen, Gettings & Sher, Arlington, Va., on brief), for appellant.

David B. Smith, Dept. of Justice, Washington, D. C., Theodore S. Greenberg, Joseph A. Fisher, III, Asst. U. S. Attys., Alexandria, Va. (Justin W. Williams, U. S. Atty., David A. Schneider, Asst. U. S. Atty., Richmond, Va., on brief), for appellee.

Before WINTER, Circuit Judge, FIELD, Senior Circuit Judge, and PHILLIPS, Circuit Judge.


WINTER, Circuit Judge:

Convicted by a jury of conspiracy to achieve three illegal objectives, Murdock Head appeals.* He asserts numerous errors in his trial. We agree that the district court committed reversible error when it instructed the jury that it could convict defendant if it found that he conspired to violate any one or more of the three criminal statutes but declined and failed to instruct the jury that it had to find an overt...

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