United States v. Larry Burdette Johnson

SPENCER WILLIAMS, District Judge:

Larry Burdette Johnson was convicted of one count of assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 1153 1 and 113(f) 2 (1976). On this appeal, Johnson raises several instances of claimed error which occurred during his trial, the most important of which was the trial court’s refusal to deliver lesser included offense jury instructions. We conclude that the failure to give such instructions was reversible error.

I

FACTS

Johnson, an Indian, 3 was charged with two counts of assault resulting in serious bodily injury. The charges stemmed…