BENNETT v. UNITED STATES

No. 18385.

285 F.2d 567 (1960)

Lyman Moody BENNETT, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 17, 1961.


Attorney(s) appearing for the Case

Holvey Williams, Joseph A. Calamia, Daniel Y. Garbern, El Paso, Tex., for appellant.

Russell B. Wine, U. S. Atty., San Antonio, Tex., Lawrence L. Fuller, Asst. U. S. Atty., El Paso, Tex., for appellee.

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


TUTTLE, Chief Judge.

Appellant was convicted by a jury on each of two counts of an indictment charging:

That on or about November 13, 1959, in Hudspeth County, Texas, within the El Paso Division of the Western District of Texas, Lyman Moody Bennett, by pointing and firing same, used a deadly and dangerous weapon, to wit, a .300 Savage Ri[f]le to forcibly assault, resist, oppose, impeded [sic], intimidate, and interfere with United States Border Patrol Inspector...

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