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A special response team was dispatched to restrain Gaines (D). D had thrust his arm through the cells food slot and refused to withdraw it, and the team wanted to place D into soft restraints and close the cell's food slot. When the team approached, D threw a cup of liquefied feces at one of the officers striking him in the face and eyes. D was convicted and appealed contending that the prosecution only provided evidence that he was in prison at the time of the assault but had neglected to prove that his imprisonment was lawful. The statute included the words 'A person lawfully imprisoned in a jail...'

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