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BOWLES v. UNITED STATES

No. 4513.

56 F.2d 913 (1932)

BOWLES v. UNITED STATES.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 3, 1932.

Attorney(s) appearing for the Case

James J. Clark and William J. McAleer, both of Hammond, Ind. (McAleer, Dorsey, Clark & Travis, of Hammond, Ind., of counsel), for appellant.

Oliver M. Loomis, U. S. Atty., and George L. Rulison, Asst. U. S. Atty., both of South Bend, Ind., and William B. Duff, Asst. U. S. Atty., of Lagrange, Ind.

Before ALSCHULER, EVANS, and SPARKS, Circuit Judges.

SPARKS, Circuit Judge (after stating the facts as above).

The section of the statute under which this indictment is drawn defines more than one offense. That part upon which the indictment is based constitutes the last paragraph of the statute (18 USCA § 121) and is as follows: "Whoever shall use any deadly or dangerous weapon in resisting any person authorized to make searches or seizures, in the execution of his duty, with intent to commit a bodily injury upon...

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