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BURKE v. UNITED STATES

No. 24957.

400 F.2d 866 (1968)

Jimmie Dane BURKE, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

September 23, 1968.

Attorney(s) appearing for the Case

John N. Gallaspy, Bogalusa, La., for appellant.

Harry F. Connick, Asst. U. S. Atty., New Orleans, La., for appellee.

Before TUTTLE and DYER, Circuit Judges, and MEHRTENS, District Judge.

TUTTLE, Circuit Judge:

This appeal presents clearly and concisely the question whether a conviction for the violation of 18 U.S.C.A. § 111,1 comports with the law upon proof that the accused wilfully assaulted a federal official covered by the protection of the act, without either allegation or proof that when so assaulting the accused knew that his victim was a federal agent.

This appeal raises only this point. There is no...

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