McCARVER v. UNITED STATES

No. 4279.

3 F.2d 1020 (1925)

Bronson McCARVER, Plaintiff in Error, v. UNITED STATES, Defendant in Error.

Circuit Court of Appeals, Sixth Circuit.

March 4, 1925.


Attorney(s) appearing for the Case

Edward N. Barnard, of Detroit, Mich., for plaintiff in error.

Frederic L. Eaton, Asst. U. S. Atty., of Detroit, Mich. (Delos G. Smith, U. S. Atty., of Detroit, Mich., on the brief), for the United States.

Before DENISON, DONAHUE, and KNAPPEN, Circuit Judges.


PER CURIAM.

McCarver was a (so-called) narcotic inspector. A prisoner taken by the Detroit police in a raid, and supposed to be "wanted" for a federal offense, was informally, but actually, turned over to the United States marshal, and by him sent to and left with McCarver. An assault by one upon the other, and an affray, followed, in which the prisoner was badly beaten. McCarver was indicted, the fact issue as to initial fault was fairly submitted to the jury, and...

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