LEWIS, Circuit Judge.
Pursuant to order of court the district attorney filed an information charging defendant (plaintiff in error here) with criminal contempt, in that, defendant on June 4, 1927, while acting as guard at the Tulsa county jail, committed an inexcusable and unjustifiable assault and battery on one Leonard Grant, who was then and there held and detained in said jail as a federal prisoner on a mittimus regularly issued by a United States commissioner...
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