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UNITED STATES v. HIGHTOWER

No. 74-2741.

512 F.2d 60 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Emory HIGHTOWER, Adolph Kemp, and Alfred D. King, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

April 28, 1975.

Attorney(s) appearing for the Case

Isham Anderson, Monticello, Fla. (Court-appointed), for Hightower.

W. Dexter Douglass, Tallahassee, Fla., for Kemp and King.

P. Kevin Davey, Tallahassee, Fla., for defendants-appellants.

William H. Stafford, Jr., U. S. Atty., Pensacola, Fla., Melvin Horne, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and MURRAH and WISDOM, Circuit Judges.

MURRAH, Circuit Judge:

Appellants Hightower, Kemp and King were tried on a two count indictment. Reading on 18 U.S.C. §§ 111 and 2, Count I charged that the three of them "did unlawfully and forcibly assault, resist, oppose, impede, intimidate and interfere . . . with an officer of the United States Department of Interior . . . while said officer was engaged in and on account of the performance of his official duties . . ." or "did aid and abet" in the commission...

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