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UNITED STATES v. PURVIS

No. 77-2849.

580 F.2d 853 (1978)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas J. PURVIS et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 15, 1978.

Attorney(s) appearing for the Case

William A. Kimbrough, Jr., U. S. Atty., Mobile, Ala., Drew S. Days, III, Asst. Atty. Gen., Miriam R. Eisenstein, Frank D. Allen, Jr., Attys., U. S. Dept. of Justice, Civil Rights Div., Washington, D. C., for plaintiff-appellant.

Barry Hess, Roderick P. Stout, Mobile, Ala., for Thomas Purvis.

Thomas M. Haas, Mobile, Ala., for Charles Wimberly, Sr.

Chris Galanos, John W. Coleman, Mobile, Ala., for William Shirley, Jr.

Joseph C. Sullivan, Jr., Mobile, Ala., for John McCorvey, Sr.

Calvin Clay, Mobile, Ala., for Harold Donald.

Thomas P. Doyle, Mobile, Ala., for Harry Hutton, Jr.

Ian Gaston, Mobile, Ala., for James Manning.

Charles N. McKnight, Mobile, Ala., for Cecil Byrd.

Thomas A. Deas, Mobile, Ala., for James Stanford.

Edward B. McDermott, William J. Baxley, Atty. Gen., Montgomery, Ala., for defendants-appellees.

Before RONEY, RUBIN and VANCE, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 15, 1978.

RONEY, Circuit Judge:

The defendants were indicted for a conspiracy to deprive the inmates of the Mobile County jail of their rights and privileges as citizens of the United States, which resulted in the shooting death of an inmate during an escape attempt. 18 U.S.C.A. § 241. The district court dismissed the indictment for its failure to allege intent in specific words. The United States appeals...

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