United States v. Sharif Bishara Sirhan

Appellant was convicted of a violation of 18 U.S.C. § 876 , which makes it a crime to threaten injury to any person by a communication sent by mail. Appellant was charged with and convicted of sending a letter to Secretary of State William P. Rogers in which he threatened to shoot and kill Israeli Prime Minster Golda Meir on March 1, 1973, a date when Mrs. Meir was scheduled to be in the United States on official business. The letter was. signed “P.L.O.,” presumably for “Palestinian Liberation Organization.”

I

Appellant contends that it was reversible error for the trial court to refuse appellant’s requested instruction on wilfulness.

Appellant is correct in stating that specific intent is required for conviction under this statute. United States v. LeVison, 418 F.2d 624 (9th Cir. 1969) and United States v. Holder, 302 F.Supp. 296 (D.Mont.1969), aff'd. per curiam 427 F.2d 715 (9th Cir. 1969). But appellant goes further and states that wilfulness must be alleged, proved, and instructed on before specific intent can be found to exist. Appellant’s argument is wholly without merit.

Title 18, U.S.C. § 876 (paragraph 3) requires proof beyond a reasonable doubt of only two…