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United States v. Dunne

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 7, 1985

UNITED STATES OF AMERICA
v.
WILLIAM DUNNE, APPELLANT

APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA, D.C. Crim. No. 83-00154-01, District Judge: Honorable Malcolm Muir

Author: Weis

Before: ADAMS, WEIS, and WISDOM,*fn* Circuit Judges

WEIS, Circuit Judge

JUDGMENT ORDER

After considering the contentions raised by the appellant, to-wit:

there was insufficient evidence of defendant's aiding and assisting the escape of Ronald Duarte from the Lewisburg Penitentiary presented to sustain a jury verdict of guilty in violation of Title 18, United States Code, Section 752(a);

there was insufficient evidence of defendant's conveyance of a piece of dark pointed metal presented to sustain a jury verdict of guilty in violation of Title 18, United States Code, Section 1792;

defendant offered sufficient proof to allow him to present to the jury evidence of the defense of necessity of attempting to escape; it is

ADJUDGED AND ORDERED that the judgment of the district court entered March 9, 1984 be and the same is hereby affirmed.


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