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UNITED STATES v. BLACK

No. 81-5244.

692 F.2d 314 (1982)

UNITED STATES of America, Appellee, v. Robert D. BLACK, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 28, 1982.

Rehearing Denied December 8, 1982.

Attorney(s) appearing for the Case

David J. Fudella, Alexandria, Va. (John D. Grad, Hirschkop & Grad, P.C., Alexandria, Va., on brief), for appellant.

William G. Otis, Sp. Asst. U.S. Atty., Alexandria, Va. (Elsie L. Munsell, U.S. Atty., Alexandria, Va., Rosemary E. Glynn, Sp. Asst. U.S. Atty., Washington, D. C., on brief), for appellee.

Before WINTER, Chief Judge, and PHILLIPS and ERVIN, Circuit Judges.

HARRISON L. WINTER, Chief Judge:

Robert D. Black, an inmate of the Lorton Reformatory, appeals his conviction for assaulting and impeding a correctional officer with a deadly weapon. Assigned as grounds for reversal are (1) the admission of certain evidence which defendant contends was irrelevant and unduly prejudicial, and (2) the jury instruction on the issue of self-defense. Finding that the self-defense instruction was indeed erroneous, we reverse and remand for...

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