UNITED STATES v. PATTON

No. 84-5239.

771 F.2d 1240 (1985)

UNITED STATES of America, Plaintiff/Appellee, v. James Eber PATTON, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 16, 1985.


Attorney(s) appearing for the Case

Kathryn D. Freeman, San Diego, Cal., for plaintiff/appellee.

John S. Moot, San Diego, Cal., for defendant/appellant.

Before SCHROEDER, ALARCON, and BOOCHEVER, Circuit Judges.


BOOCHEVER, Circuit Judge:

James Patton appeals his conviction for destruction of a public sign, in violation of 43 U.S.C. § 1733 (1982), and 43 C.F.R. §§ 8362.2-2(a) and 8363.5 (1982). He contends that: (1) the trial court failed to properly instruct the jury that it must find, as an essential element of the crime, that the sign belonged to the United States government; and (2) insufficient evidence supports the finding that the sign was public property...

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