UNITED STATES v. JONES

No. 81-1138.

681 F.2d 610 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Lloyd JONES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1982.


Attorney(s) appearing for the Case

J. Brendan O'Neill, Santa Monica, Cal., for defendant-appellant.

Robert A. Pallemon, Asst. U. S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before GOODWIN, KENNEDY, and REINHARDT, Circuit Judges.


KENNEDY, Circuit Judge:

Appellant Lloyd Jones was convicted of assault with intent to commit murder in violation of 18 U.S.C. § 113(a) (1976). Jones attacked the victim in a prison cell where both were in custody and stabbed the victim about five times. Jones' defense was that he did not intend to kill the victim, but merely desired to "teach him a lesson."

The trial court informed the jury that a requisite element for conviction of the offense is the...

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