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UNITED STATES v. VARNER

No. 83-5303.

748 F.2d 925 (1984)

UNITED STATES of America, Appellee, v. Alfonso VARNER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 23, 1984.

Attorney(s) appearing for the Case

John F. Hardaway, Federal Public Defender, Columbia, S.C., for appellant.

John M. Barton, Asst. U.S. Atty., Columbia, S.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., on brief), for appellee.

Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Alfonzo Varner appeals from his conviction for robbery and assault with intent to rape and do bodily harm while employed on United States property in violation of 18 U.S.C. §§ 2111, 113(a), and 113(c), on the ground that the instruction to the jury that witnesses are presumed to tell the truth constitutes reversible error. We vacate the judgment of the district court and remand the case for a new trial.

I

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