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STATE OF ARIZ. v. MANYPENNY

No. 77-3453.

672 F.2d 761 (1982)

STATE OF ARIZONA, Appellant, v. William Dale MANYPENNY, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1982.

Attorney(s) appearing for the Case

D. Jesse Smith, Deputy County Atty., Tucson, Ariz., argued, for appellant; Stephen D. Neely, Pima County Atty., Tucson, Ariz., on brief.

Bernardo P. Velasco, Asst. Federal Public Defender, Tucson, Ariz., for appellee.

Before CHOY, KENNEDY and FLETCHER, Circuit Judges.

KENNEDY, Circuit Judge:

The case comes before us for a second time. Our earlier opinion is reported at 608 F.2d 1197 (9th Cir. 1979). William Manypenny was a United States border patrolman on duty near the line dividing Mexico from Arizona. In circumstances much disputed, he wounded an illegal alien and was indicted, under Arizona law, for assault with a deadly weapon. Manypenny removed the prosecution to the United States District...

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