UNITED STATES v. COONEY

Crim. A. No. 16837.

217 F.Supp. 417 (1963)

UNITED STATES of America, Plaintiff, v. Florenz Michael COONEY, also known as Mike Cooney, Robert Emmett Horkans, William Francis Smith, Richard Joseph Ferrero, and Rudolph Degenhardt, Defendants.

United States District Court D. Colorado.

May 16, 1963.


Attorney(s) appearing for the Case

Lawrence M. Henry, U. S. Atty. for Dist. of Colorado, James P. McGruder, Asst. U. S. Atty. for Dist. of Colorado, Denver, Colo., for plaintiff.

Alex Stephen Keller, Denver, Colo., for defendants Cooney, Horkans, Ferrero, and Degenhardt.

Robert T. Kingsley, Denver, Colo., for defendant Ferrero.

Wright J. Morgan, Jr., Westminster, Colo., for defendant Smith.


CHILSON, District Judge.

The defendants are charged by indictment with a violation of Title 18, United States Code, Section 242.

The indictment charges that on or about July 4, 1961, the defendants, while acting under color of state law, did willfully enter and search a house occupied as the private home of Eugenia Degenhardt without her consent and without a search warrant or warrant of arrest, and thereby did willfully deprive Eugenia

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