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UNITED STATES v. SMITH

No. 26398.

414 F.2d 630 (1969)

UNITED STATES of America, Plaintiff-Appellee, v. Jarrett Vander SMITH, Jr., and Daniel Jay Schacht, Defendants-Appellants.

United States Court of Appeals Fifth Circuit.

May 14, 1969.

Attorney(s) appearing for the Case

Will Gray, Houston, Tex., for defendants-appellants.

Morton L. Susman, U. S. Atty., James R. Gough, Joel P. Ray, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before GOLDBERG and MORGAN, Circuit Judges, and LIEB, District Judge.

LIEB, District Judge:

On December 4, 1967, approximately twenty people gathered outside the Armed Forces Induction Center at Houston, Texas. Their purpose — not unexpectedly — was to protest American participation in the Vietnam conflict. They remained on the scene from about 6:30 A.M. to about 8:30 A.M. As such events will, this one attracted the news media and federal and local law enforcement agents.

Among the demonstrators

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