PAUL
v.
STAFFORD, U. S. DISTRICT JUDGE, NORTHERN DISTRICT OF FLORIDA

U.S. | 1981-11-02
No. 81-5474
454 U.S. 974 Supreme Court of the United States (1981) Positive Treatment
Cited by 1 case
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  • United States v. Guilbert, 692 F.2d 1340 (11th Cir. 1982)
    …bodily harm. The existence of “just cause or excuse” for the assault is an affirmative defense, and the government does not have the burden of pleading or proving its absence. United States v. Phillippi, 655 F. 2d 792, 793 (7th Cir.), cert. denied, 454 U.S. 974, 102 S.Ct. 526, 70 L.Ed.2d 394 (1981); Hockenberry v. United States, 422 F. 2d 171, 173 (9th Cir.1970); United States v. Peters, 476 F.Supp. 259, 262 (E.D. Wis.1979). The term “assault” is not defined by the statute, but where “a federal criminal s…

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