UNITED STATES v. BARBER

No. 18308.

429 F.2d 1394 (1970)

UNITED STATES of America v. James Allen BARBER et al. Appeal of Calvin Jerome LOPER.

United States Court of Appeals, Third Circuit.

Decided July 20, 1970.

Rehearing Denied October 9, 1970.


Attorney(s) appearing for the Case

Richard E. Poole, Potter, Anderson & Corroon, Wilmington, Del., for appellant.

Norman Levine, Asst. U. S. Atty., Wilmington, Del. (F. L. Peter Stone, U. S. Atty., Wilmington, Del., on the brief) for appellee.

Before HASTIE, Chief Judge, and MARIS and ADAMS, Circuit Judges.


OPINION OF THE COURT

HASTIE, Chief Judge.

The appellant Calvin Loper was tried jointly with twelve other defendants under an indictment charging him with assaulting, or aiding and abetting an assault on Frank Grant, an F. B. I. agent, with a dangerous weapon, namely a shoe, in violation of 18 U.S.C. § 111 (1964); with assaulting or aiding and abetting an assault on James Snyder, an F. B. I. agent, also in violation of 18 U. S.C. § 111; with conspiring...

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