United States v. Harry Clardy, United States of America v. Phillip Alfonso Tucker

OPINION

MOORE, Circuit Judge:

Phillip Alfonso Tucker (“Tucker”) and Harry Clardy (“Clardy”) appeal from a judgment of the United States District Court for the Western District of Washington, entered on a jury verdict convicting them of assault with intent to murder in violation of 18 U.S.C. § 113(a). Each appellant argues that several allegedly prejudicial trial and pretrial incidents require a new trial.

We disagree and accordingly affirm.

On October 27, 1974, inside the United States Penitentiary at McNeil Island, Clardy and Tucker stabbed fellow inmate Leonard Walker in the mouth and arm.…