FOSTER, Circuit Judge.
Appellant was charged with obstructing an officer of the United States while in the act of serving and attempting to execute a search warrant, in violation of section 628, title 18, U. S. Code (18 USCA § 628). The first count of the indictment, omitting formal and jurisdictional allegations, is as follows:
"* * * That Troy F. Ewing, whose name is otherwise unknown to the grand jury, on or about the 8th day of June, in the year 1928...
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