390 F.2d 47 (9th Cir. 1968), 21763, McEwen v. United States

Docket Nº:21763.
Citation:390 F.2d 47
Party Name:Lillian Jo McEWEN, aka Lillian Jo Ramus, aka Lillian Jo Paeper, Appellant, v. UNITED STATES of America, Appellee.
Case Date:February 12, 1968
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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390 F.2d 47 (9th Cir. 1968)

Lillian Jo McEWEN, aka Lillian Jo Ramus, aka Lillian Jo Paeper, Appellant,

v.

UNITED STATES of America, Appellee.

No. 21763.

United States Court of Appeals, Ninth Circuit.

February 12, 1968

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Allen R. Derr (argued), Boise, Idaho, for appellant.

Sylvan A. Jeppesen, U.S. Atty., Clarence D. Suiter, Asst. U.S. Atty., Boise, Idaho, for appellee.

Before DUNIWAY, ELY, Circuit Judges, and BOLDT, District Judge. [*]

BOLDT, District Judge.

Appellant was indicted, tried by a jury and convicted of forcibly assaulting a federal officer engaged in the performance of his official duties in violation of 18 U.S.C. § 111 and 18 U.S.C. § 1114. 1 The district court had jurisdiction of an offense against the laws of the United States under 18 U.S.C. § 3231; our jurisdiction on appeal is based on 28 U.S.C. § 1291. We affirm.

On July 9, 1966, some months after her escape from custody in Spokane, Washington where she was being held in connection with forgery charges, appellant was captured at a motel in Post Falls, Idaho by federal, state and local authorities acting on information as to her whereabouts supplied by an informant.

While motel guests were being evacuated from the premises near appellant's room, her brother was seen to leave the area. Appellant's brother was stopped by the F.B.I. some distance from the motel; he confirmed appellant's room number at the motel and agreed to return to the motel. The area in front of the single door to appellant's room was blocked with automobiles.

The presence of the officers was announced and directed to appellant over an electrically operated megaphone, she was told the area was surrounded and asked to surrender. Appellant responded by asking the officers to 'wait a minute'. Next, the sound of a gunshot was heard coming from the interior of appellant's room. Appellant then opened the door of her room and confronted the officers, firing a gold-plated, sawed-off .30 caliber carbine. One F.B.I. agent was struck in the leg by a ricocheting bullet. Appellant was wounded in the course of the ensuing gun battle, taken into custody and removed from the scene in an ambulance.

During the trial, appellant's brother and the officers participating in her arrest testified to the effect that the megaphone was first used to identify the

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speaker as an F.B.I. agent with a warrant for appellant's arrest. Appellant testified: 'I had no idea (who was out there). I had a sneaking hunch that it was policemen. I don't know...

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