Luther L. Austin v. United States

J. SKELLY WRIGHT, Circuit Judge:

Appellant was found guilty by a jury of assault with a dangerous weapon and of robbery. He raises two points as error: (1) the giving of an instruction that flight by an accused can be used to infer guilt, and (2) the failure of the indictment (on the robbery count) to allege that appellant acted with specific intent. We hold that the flight instruction was erroneous, but it was not plain error under Rule 52(b), Fed.R.Crim.P. Since we find that the indictment was not deficient, we affirm the conviction.

I

The facts on which the court based the instruction on…