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UNITED STATES v. FRICKE

No. 80-2215.

684 F.2d 1126 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth Wayne FRICKE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 25, 1982.

Attorney(s) appearing for the Case

Jimmy Phillips, Jr., Angleton, Tex., Jack B. Zimmermann, Houston, Tex., for Fricke.

Anna E. Stool and John M. Potter, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BROWN, GEE and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Early on the morning of February 25, 1979, appellant Kenneth Wayne Fricke, a narcotics agent with the Texas Department of Public Safety ("DPS"), severely beat Larry Michael Hintz. The incident grew out of an altercation between the two at a dance hall called the Watering Hole, in Wallis, Texas. Fricke and two other DPS officers, all of whom were apparently off duty following a plain clothes investigation...

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