United States v. Asa Richard Talbot

KRUPANSKY, Circuit Judge.

The plaintiff, the United States Government (the Government), appealed the district court’s dismissal of an indictment against the defendant Asa Richard Talbot (the defendant or Talbot), which had charged him with assault with intent to commit a felony on a military reservation in violation of 18 U.S.C. § 113.

The record disclosed the following facts. During the year 1985, the defendant Talbot, a medical doctor with a specialty in otolaryngology with the rank of colonel in the U.S. Army Medical Corps, was assigned to the Blanchfield Army Community Hospital, which…