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McNABB v. UNITED STATES

No. 25.

318 U.S. 332 (1943)

McNABB ET AL. v. UNITED STATES.

Supreme Court of United States.

Decided March 1, 1943.

Attorney(s) appearing for the Case

Mr. E.B. Baker, with whom Messrs. W.H. Norvell, J.M.C. Townsend, and Wilkes T. Thrasher were on the brief, for petitioners.

Assistant Attorney General Berge, with whom Solicitor General Fahy and Messrs. Oscar A. Provost and Archibald Cox, and Miss Melva M. Graney were on the brief, for the United States.

MR. JUSTICE FRANKFURTER delivered the opinion of the Court.

The petitioners are under sentence of imprisonment for forty-five years for the murder of an officer of the Alcohol Tax Unit of the Bureau of Internal Revenue engaged in the performance of his official duties. (18 U.S.C. § 253.) They were convicted of second-degree murder in the District Court for the Eastern District of Tennessee, and on appeal to the Circuit Court of Appeals for the Sixth Circuit the...

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