Legal Opinion

United States v. John D. Stolarz

Court of Appeals for the Ninth Circuit

Decided December 20, 1976No. 76-1857PublishedCited by 34 opinions

1Opinion of the Court

WOLLENBERG, District Judge:

In a one count indictment, appellant, then a prisoner at the United States Penitentiary at McNeil Island, Washington, was charged with assaulting another prisoner with intent to murder in violation of 18 U.S.C. § 113(a). Over appellant’s objection, the jury was instructed that they might find him guilty either of the offense charged or the “lesser included offense” of assault with a dangerous weapon with intent to do bodily harm, 18 U.S.C. § 113(c). The jury subsequently found the appellant not guilty of the crime charged in the indictment, but found him guilty of…

2Cases cited14 opinions

  1. United States v. DieterSupreme Court of the United States · 1976
  2. Norman Rothman v. United StatesCourt of Appeals for the Third Circuit · 1975
  3. Adron P. Brainerd v. Warren W. Beal and Robert O. DunnCourt of Appeals for the Seventh Circuit · 1974
  4. United States v. George Albert MillsCourt of Appeals for the Eighth Circuit · 1970
  5. Herbert R. Smith v. United StatesCourt of Appeals for the Ninth Circuit · 1970

9 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. United States v. Keith D. Long, United States of America v. Sonia E. MayfieldCourt of Appeals for the D.C. Circuit · 1990
  2. United States v. Jose v. ReyesCourt of Appeals for the Fourth Circuit · 1985
  3. United States v. Alfred Joseph SamangoCourt of Appeals for the Ninth Circuit · 1979
  4. Jacqueline Selph v. Council of the City of Los AngelesCourt of Appeals for the Ninth Circuit · 1979
  5. United States v. Paul Masuru OnoCourt of Appeals for the Ninth Circuit · 1995

29 more not listed; retrieve them via the Exa API.

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