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FRISINA v. UNITED STATES

No. 9029.

49 F.2d 733 (1931)

FRISINA v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

April 21, 1931.

Attorney(s) appearing for the Case

P. H. Cullen, of St. Louis, Mo. (Anthony Canzoneri and Abbott, Fauntleroy, Cullen & Edwards, all of St. Louis, Mo., on the brief), for appellant.

Howard Williams, Asst. U. S. Atty., of St. Louis, Mo. (Louis H. Breuer, U. S. Atty., of Rolla, Mo., on the brief), for the United States.

Before VAN VALKENBURGH and BOOTH, Circuit Judges, and MUNGER, District Judge.

VAN VALKENBURGH, Circuit Judge.

Appellant was indicted under the following provisions of section 65 of the Criminal Code (section 121, title 18, USCA, p. 304), which for convenience we have numbered 1 and 2.

(1) "Whoever shall forcibly assault, resist, oppose, prevent, impede, or interfere with any officer of the customs or of the internal revenue, or his deputy, or any person assisting him in the execution of his duties, or any person authorized to make searches...

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