U.S. v. McCLOSKEY

No. 98-2798.

169 F.3d 506 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest McCLOSKEY, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 19, 1999.


Attorney(s) appearing for the Case

Thomas J. Wright, Asst. U.S. Attorney, Pierre, SD, argued, for Plaintiff-Appellee.

Michael Strain, White River, SD, argued, for Defendant-Appellant.

Before LOKEN, JOHN R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Ernest McCloskey was charged with striking his cousin Alan McCloskey with an axe and was convicted of assault with a dangerous weapon in violation of 18 U.S.C. § 113(a)(3) (1994). He argues the district court erred in denying his motion for judgment of acquittal based on the insufficiency of the evidence. We affirm.

On the evening of October 25, 1997, and the morning of October 26, 1997, Ernest McCloskey was visiting his...

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