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UNITED STATES v. McGOUGH

Nos. 13069, 13070.

410 F.2d 458 (1969)

UNITED STATES of America, Appellee, v. Joseph McGOUGH, Appellant. UNITED STATES of America, Appellee, v. Joseph Earl HUBER, Jr., Appellant.

United States Court of Appeals Fourth Circuit.

Decided May 8, 1969.

Attorney(s) appearing for the Case

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

Joseph S. Gullo, Arlington, Va., (Court-appointed counsel) for appellant Joseph Earl Huber, Jr.

Alfred D. Swersky, Asst. U. S. Atty., (C. V. Spratley, Jr., U. S. Atty., on the brief), for appellee.

Before BOREMAN, WINTER and BUTZNER, Circuit Judges.

PER CURIAM:

Our examination of the record satisfies us that there was sufficient evidence from which the jury might have concluded beyond a reasonable doubt that both defendants were guilty of assaulting a federal officer in performance of his duties, in violation of 18 U.S.C.A. §§ 111, 1114 and 2, and that no reversible error occurred in the submission of the case to the jury. We conclude that the defense of entrapment was not applicable, factually or legally...

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