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GARZA v. UNITED STATES

No. 11673.

159 F.2d 413 (1947)

GARZA v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

February 11, 1947.

Attorney(s) appearing for the Case

James V. Allred, of Houston, Tex., for appellant.

Brian S. Odem, U. S. Atty., and Newton M. Crain, Jr., Asst. U. S. Atty., both of Houston, Tex., for appellee.

Before HOLMES, McCORD, and WALLER, Circuit Judges.

HOLMES, Circuit Judge.

The appellant was convicted upon an indictment that charged a violation of Title 18, Section 254, of the United States Code Annotated. Omitting formal parts, it alleges the commission of an assault upon an Inspector of the Bureau of Customs of the United States Treasury while engaged in, and on account of, the performance of his official duties.

There was no demurrer to the indictment, no motion to quash, and no motion for bill

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