HICKS, Circuit Judge.
Appellant, Clyde Arwood, was indicted for the murder, on November 21, 1941, of William M. Pugh, an officer, employee and agent in the service of the Internal Revenue of the United States, with the rank of Investigator in the Alcohol Tax Unit, Internal Revenue Bureau, of the Treasury Department. The indictment charges that, at the time he murdered Pugh, he knew that Pugh was engaged in the performance of his official duties and that appellant...
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