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UNITED STATES v. HUNTER

No. 14832.

214 F.2d 356 (1954)

UNITED STATES v. HUNTER.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 20, 1954.

Attorney(s) appearing for the Case

Warren Olney III, Asst. Atty. Gen., Arthur B. Caldwell, Sydney Brodie, Dept. of Justice, Washington, D. C., James L. Guilmartin, U. S. Atty., Miami, Fla., for appellant.

Tom Whitaker, Pat Whitaker, Tampa, Fla., James Whitehurst, Brooksville, Fla., Charles A. Savage, Ocala, Fla., Chester H. Ferguson, Tampa, Fla., Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., for appellee.

Before STRUM, Circuit Judge, and DAWKINS and HOOPER, District Judges.

HOOPER, District Judge.

The indictment involved in this case charged Jesse W. Hunter, a State Attorney of Florida, with violation of 18 U.S.C.A. § 242, the civil rights involved being those of a negro State prisoner by the name of David Reese. On motion of defendant the trial judge dismissed the indictment as failing to charge a criminal offense and the Government appealed.

The alleged deprivation of civil rights arose out of proceedings in the Circuit...

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