UNITED STATES v. MARTIN

No. 84-1360.

783 F.2d 1449 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne MARTIN, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 5, 1986.


Attorney(s) appearing for the Case

Eugene R. Bracamonte, Virginia Mathis, Tucson, Ariz., for plaintiff-appellee.

Francisco Leon, Asst. Federal Public Defender, Tucson, Ariz., for defendant-appellant.

Before ANDERSON, and CANBY, Circuit Judges; IDEMAN, District Judge.


IDEMAN, District Judge:

Wayne Martin, a juvenile, was charged by information with assault resulting in serious bodily injury, 18 U.S.C. § 113(f). Trial was by judge alone. At the close of the government's case in chief, appellant moved for judgment of acquittal. This was denied, and appellant rested without presenting any evidence. The trial judge requested briefs on the issue of whether, and which, lesser included offenses briefed by counsel might be considered...

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