United States Ninth Circuit

Conviction of assault by strangulation, 18 U.S.C. section 113, is affirmed where: 1) section 113(a)(8) is a general intent crime; and therefore 2) the District Court did not plainly err by instructing the jury to disregard the defendant's voluntary intoxication, which is irrelevant to his guilt or innocence.

Appellate Information

• Published 2016/08/02

Judges

• CHRISTEN

Court

• United States Ninth Circuit

Counsel