McNABB v. UNITED STATES

No. 8900.

123 F.2d 848 (1941)

McNABB et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

December 6, 1941.


Attorney(s) appearing for the Case

Wilkes T. Thrasher and E. B. Baker, both of Chattanooga, Tenn. (J. M. C. Townsend, of Chattanooga, Tenn., on the brief), for appellants.

J. B. Frazier, Jr., of Knoxville, Tenn. (James B. Frazier, Jr., U. S. Atty., and Wm. E. Badgett and Ferdinand Powell, Jr., Asst. U. S. Attys., all of Knoxville, Tenn., on the brief), for appellee.

Before ALLEN, HAMILTON, and MARTIN, Circuit Judges.


MARTIN, Circuit Judge.

Another tragic chapter has been written in the bloody book of an age-old history of resistance by lawless mountain clans to enforcement of the Internal Revenue Laws of the United States. From the family burying ground of the Clan McNabb, a death dealing shot was fired in the dark upon a Federal Alcohol Tax Unit Investigator, while in the performance of his official duty.

Five McNabbs were indicted on the charge of murdering the officer...

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