UNITED STATES v. MAYNARD

Nos. 71-1286, 71-1287 and 71-1288.

452 F.2d 1087 (1971)

UNITED STATES of America, Appellee, v. Stephen A. MAYNARD et al., Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided December 27, 1971.


Attorney(s) appearing for the Case

William K. Danaher, Jr., Jay A. Posnik, and Joseph D. Rosenbloom, Springfield, Mass., all by appointment of the Court, on brief for appellants.

James N. Gabriel, U. S. Atty., and Paul F. Ware, Jr., Asst. U. S. Atty., on brief for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

Defendants, who had agreed to exchange hashish for cash, sought to take the cash at gunpoint without making the promised delivery. They made the mistake of selecting a federal undercover officer for their victim, and were promptly arrested by a surveillance team. At the trial for assaulting a federal officer with a dangerous weapon, 18 U.S.C. § 111, it did not appear whether or not the gun was loaded. The defendants moved for acquittal. They also...

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