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UNITED STATES v. TAYLOR

No. 82-3046 Summary Calendar.

680 F.2d 378 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Benny TAYLOR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 12, 1982.

Attorney(s) appearing for the Case

Herbert V. Larson, Jr., Asst. Federal Public Defender, New Orleans, La., for defendant-appellant.

Louis Moore, Jr., Harry W. McSherry, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before GEE, GARZA and TATE, Circuit Judges.

GARZA, Circuit Judge:

Appellant, by means of this appeal, challenges his conviction for violation of 18 U.S.C. § 111.1 Specifically, he finds error in the fact that the district court refused to permit defense counsel to argue provocation by the victim as a defense to the charge and, secondly, he characterizes as reversible error the district court's instruction to the jury on temporary insanity when that defense was not raised at...

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