U.S. v. BEGAY

No. 87-1052.

833 F.2d 900 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Farrell BEGAY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 23, 1987.


Attorney(s) appearing for the Case

Tova Indritz, Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Robert Gorence, Asst. U.S. Atty. (William Lutz, U.S. Atty., with him on brief), Albuquerque, N.M., for plaintiff-appellee.

Before LOGAN, ANDERSON and TACHA, Circuit Judges.


TACHA, Circuit Judge.

Farrell Begay was charged with second-degree murder in the death of Walter Nakai. Upon a jury verdict, Begay was convicted of involuntary manslaughter and appeals on two grounds. First, he contends that an involuntary manslaughter instruction is inconsistent with a defense of self-defense and, therefore, should not have been given to the jury. Second, he argues that the trial court abused its discretion in refusing to grant a mistrial based upon...

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