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UNITED STATES v. BIG CROW

No. 83-1730.

728 F.2d 974 (1984)

UNITED STATES of America, Appellee, v. Pauline Joyce BIG CROW, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 14, 1984.

Attorney(s) appearing for the Case

Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., Robert A. Mandel, Asst. U.S. Atty., Pierre, S.D., for appellee.

Stanley E. Whiting, Day, Grossenburg & Whiting, Winner, S.D., for appellant.

Before HEANEY, BRIGHT and McMILLIAN, Circuit Judges.

BRIGHT, Circuit Judge.

Pauline Joyce Big Crow appeals from her conviction on two counts of simple assault and her sentence on both counts to a total of six months' incarceration. Appellant alleges that the trial court erred in failing to give a specific instruction that the accidental infliction of an injury does not constitute an assault. We affirm.

The record discloses that during an altercation on the Rosebud Indian...

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