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UNITED STATES v. COMBS

No. 9277.

73 F.Supp. 813 (1947)

UNITED STATES v. COMBS et al.

District Court, E. D. Kentucky.

October 7, 1947.

Attorney(s) appearing for the Case

Claude P. Stephens, U. S. Atty., and Kit C. Elswick, Asst. U. S. Atty., both of Lexington, Ky., for plaintiff.

E. B. Rose, of Beattyville, Ky., for defendants.

FORD, District Judge.

The indictment in this case charges violation of 18 U.S.C.A. § 254 in substantially the words of the Statute. The defendants have filed a motion to dismiss the indictment on the ground that it does not state facts sufficient to constitute an offense against the United States in that it does not charge that at the time of the alleged acts the defendants knew that the persons alleged to have been resisted, intimidated and threatened were officers...

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