Court of Appeals for the Ninth Circuit April 29, 1970, 24322 (United States v. William Applegate)

PER CURIAM:

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?