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UNITED STATES v. LOWERY

No. 8388.

306 F.2d 133 (1961)

UNITED STATES of America, Appellee, v. Everett Vernon LOWERY, Appellant,

United States Court of Appeals Fourth Circuit.

Decided November 15, 1961.

Attorney(s) appearing for the Case

T. Brooke Howard, Alexandria, Va., for appellant.

Plato Cacheris, Asst. U. S. Atty. (C. V. Spratley, Jr., U. S. Atty., on brief), for appellee.

Before SOBELOFF, Chief Judge, and SOPER and BELL, Circuit Judges.

PER CURIAM.

The appellant Lowery, a member of the Washington National Airport Police, was indicted for an assault in violation of 18 U.S.C. § 113(d) in connection with an arrest made at the Washington National Airport on the 20th day of March, 1957.

The judge below, sitting without a jury, found Lowery to be guilty of a simple assault within the terms of 18 U.S.C. § 113(e). From this conviction he appeals, contending that there was insufficient evidence...

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