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GAY v. UNITED STATES

Nos. 4525, 4526.

12 F.2d 433 (1926)

GAY v. UNITED STATES (two cases).

Circuit Court of Appeals, Fifth Circuit.

April 6, 1926.

Attorney(s) appearing for the Case

Bart. A. Riley, of Miami, Fla., for plaintiffs in error.

Wm. M. Gober, U. S. Atty., of Tampa, Fla., Harry Reinstine, Asst. U. S. Atty., of Jacksonville, Fla., Maynard Ramsey, Asst. U. S. Atty., of Tampa, Fla., and N. J. Morrison, Sp. Asst. Atty. Gen., for the United States.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

BRYAN, Circuit Judges.

Two brothers, Roy Gay and Russell Gay, were indicted and tried separately for jointly assaulting a federal prohibition agent and destroying a pitcher of intoxicating liquor after it had been seized by that officer. The indictments were based on section 65 of the Criminal Code (Comp. St. § 10233). The cases may be disposed of in a single opinion, as they arise out of the same state of facts.

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