No. 87-1330.

857 F.2d 1323 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. John Richard COMERFORD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 21, 1988.

Attorney(s) appearing for the Case

Lorraine J. Mansfield, Las Vegas, Nev., for defendant-appellant.

L.J. O'Neale, Sp. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before WALLACE, TANG and NELSON, Circuit Judges.


John Richard Comerford ("Appellant") was charged with two counts of assault resulting in serious bodily injury in violation of 18 U.S.C. § 113(f) (1982), one count of assault by striking or beating in violation of 18 U.S.C. § 113(d) (1982) and one count of making a false statement in violation of 18 U.S.C. § 1001 (1982). The government voluntarily dismissed Count IV. After the close of the government's case in chief, appellant moved for...

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