United States v. William Applegate

This appeal raises a single question: Was the failure of the district court, on its own motion, to instruct the jury on defense of property, self-defense, or defense of a third person in an assault case “plain error * * * affecting substantial rights” within the meaning of Rule 52, F.R.Crim.P., under the facts of this case?

Appellant was charged and found guilty of assaulting Immigration Patrol Inspectors with a gun on two occasions when they approached his house in Cochise County, Arizona. On the first occasion the immigration officers testified that while in uniform and traveling in a marked car, they saw what appeared to be a Mexican run into appellant’s house. The officers went onto the property and, as they approached the house, appellant emerged with a shotgun pointed at the officers. After an exchange of unpleas-antries between the officers and appellant’s brother, who was outside the house when the officers approached, the officers left the premises. Appellant and his brother followed with their guns until the officers drove away.

On the second occasion two immigation officers, again traveling in a marked car, were fired upon by appellant as they drove past his house.…