U.S. v. TISSNOLTHTOS

No. 96-2038.

115 F.3d 759 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Evan Ray TISSNOLTHTOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 1997.


Attorney(s) appearing for the Case

Robert E. Kinney (Margaret A. Katze, on the brief), Federal Public Defender, Las Cruces, NM, for Defendant-Appellant.

Sharon R. Kimball (John J. Kelly, United States Attorney with her on the brief), Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Before LUCERO, LOGAN and MURPHY, Circuit Judges.


LUCERO, Circuit Judge.

Defendant, thirty-two years of age, assaulted his girlfriend with a piece of firewood. Harvey Marden, the girlfriend's seventy-one-year-old father, was in bed at the time. Hearing the assault, he rose from bed and attempted to intervene. Defendant threw the firewood at Mr. Marden, striking him in the face and putting out his right eye.

Defendant was charged in a three-count indictment with assault...

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