UNITED STATES v. CHO PO SUN

No. 354, Docket 32337.

409 F.2d 489 (1969)

UNITED STATES of America, Appellee, v. CHO PO SUN, Appellant.

United States Court of Appeals Second Circuit.

Decided March 26, 1969.


Attorney(s) appearing for the Case

Phylis Skloct Bamberger, New York City (Anthony F. Marra, The Legal Aid Society, New York City, on brief), for appellant.

William J. Gilbreth, Asst. U. S. Atty., Southern District of New York (Robert M. Morgenthau, U. S. Atty., and Douglas S. Liebhafsky, Asst. U. S. Atty., Southern District of New York, on brief), for appellee.

Before ANDERSON and FEINBERG, Circuit Judges, and MANSFIELD, District Judge.


MANSFIELD, District Judge:

After trial before Judge Frankel, sitting without a jury, appellant was found guilty of assaulting and interfering with a Federal Immigration Officer in violation of Title 18, U.S.Code, § 111.1 Upon this appeal appellant contends for the first time that the Government failed to establish that at the time of the assault the officer assaulted was "engaged in * * * the performance of his official duties" as...

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