BYRNES v. UNITED STATES

No. 18752.

327 F.2d 825 (1964)

Jerome BYRNES, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied March 11, 1964.


Attorney(s) appearing for the Case

Marcia King, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, U. S. Atty., and Edward M. Medvene, Special Asst. to the U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY and DUNIWAY, Circuit Judges.


BARNES, Circuit Judge.

Appellant, an investigator in the Alcohol Tobacco Tax Division, Treasury Department (hereinafter referred to as ATTD) was indicted on eight counts. Counts 1, 3, 5 and 7 charged him with violating 18 U.S.C. § 8721 — "attempted extortion" — allegedly occurring on four separate days, March 7, 8, 11 and 12, 1962. Counts 2, 4, 6 and 8 charged him with violating what was then 18 U.S.C.

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