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MOORE v. UNITED STATES

No. 6284.

57 F.2d 840 (1932)

MOORE v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

April 15, 1932.

Attorney(s) appearing for the Case

E. B. Donnell and E. M. Baynes, both of West Palm Beach, Fla., for appellant.

W. P. Hughes, U. S. Atty., of Jacksonville, Fla., B. R. Cisco, Asst. U. S. Atty.; of Miami, Fla., and Alfred Page, Sp. Asst. to Atty. Gen.

Before BRYAN, FOSTER, and SIBLEY, Circuit Judges.

BRYAN, Circuit Judge.

Appellant, George W. Moore, was convicted upon an indictment which charged him with resisting with a deadly weapon a prohibition agent, Robert K. Moncure, in the execution of a search warrant which it was alleged authorized a search of his dwelling house and the seizure of any intoxicating liquor found on his premises. The indictment was drawn under 18 USCA § 121, and was demurred to on the ground that it did not charge an offense under...

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