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MILLER v. UNITED STATES

No. 15687.

230 F.2d 486 (1956)

Evelyn MILLER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

February 29, 1956.

Attorney(s) appearing for the Case

Joe J. Harrell, Jones & Harrell, Pensacola, Fla., for appellant.

C. W. Eggart, Jr., Asst. U. S. Atty., Pensacola, Fla., Harrold Carswell, U. S. Atty., Tallahassee, Fla., for appellee.

Before HUTCHESON, Chief Judge, and JONES and BROWN, Circuit Judges.

BROWN, Circuit Judge.

Charged by Information1 in general terms only, appellant was convicted of knowingly and willfully obstructing, resisting and opposing a Deputy United States Marshal in his effort to serve a subpoena on Richard Morris in violation of 18 U.S.C.A. § 1501.2

There was in fact no use or show of force or the threat of violent interference. All it involved was the peaceful refusal...

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