No. 8532.

97 F.2d 200 (1938)


Circuit Court of Appeals, Fifth Circuit.

June 7, 1938.

Attorney(s) appearing for the Case

Ayres K. Ross, of Austin, Tex., for appellant.

W. R. Smith, Jr., U. S. Atty., and H. W. Moursund, Asst. U. S. Atty., both of San Antonio, Tex.

Before FOSTER, HUTCHESON, and HOLMES, Circuit Judges.

HUTCHESON, Circuit Judge.

Brought under Secs. 253 and 452, Title 18, U.S.C.A., the charge of the indictment was that appellant did willfully and voluntarily, and with malice aforethought kill by shooting with a gun an investigator in the service of the Internal Revenue, while engaged in the performance of his official duties.

Conceding that appellant did not actually fire the gun which killed Thomason, the investigator, the general theory of the prosecution...

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