United States v. Combs
Citation | 73 F. Supp. 813 |
Decision Date | 07 October 1947 |
Docket Number | No. 9277.,9277. |
Parties | UNITED STATES v. COMBS et al. |
Court | U.S. District Court — Eastern District of Kentucky |
Claude P. Stephens, U. S. Atty., and Kit C. Elswick, Asst. U. S. Atty., both of Lexington, Ky., for plaintiff.
E. B. Rose, of Beattyville, Ky., for defendants.
The indictment in this case charges violation of 18 U.S.C.A. § 254 in substantially the words of the Statute. The defendants have filed a motion to dismiss the indictment on the ground that it does not state facts sufficient to constitute an offense against the United States in that it does not charge that at the time of the alleged acts the defendants knew that the persons alleged to have been resisted, intimidated and threatened were officers of the United States or that they were engaged in the performance of their official duties.
The statute defining the offense charged, unlike section 245, does not make such knowledge on the part of the defendants an element of the offense.
In United States v. Balint, 258 U.S. 250, 251, 42 S.Ct. 301, 302, 66 L.Ed. 604, it is said:
In United States v. Behrman, 258 U.S. 280, 288, 42 S.Ct. 303, 304, 66 L.Ed. 619, the Court said: ...
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United States v. Kemmel
...States, 6 Cir., 1955, 225 F.2d 220, 225; United States v. Marcus, supra, 166 F.2d at page 501. As to knowledge, see United States v. Combs, D.C.E.D.Ky.1947, 73 F.Supp. 813, discussing United States v. Balint, 1922, 258 U.S. 250, 251, 42 S.Ct. 301, 66 L.Ed. 604, and United States v. Behrman,......
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United States v. Chunn
...granted 316 U.S. 658, 62 S.Ct. 1305, 86 L.Ed. 1736, reversed on other grounds 318 U.S. 332, 63 S.Ct. 608, 87 L.Ed. 819; United States v. Combs, 73 F.Supp. 813 D.C.Ky.1947; United States v. Lombardozzi, et al., 335 F.2d 414 2nd Cir. ...
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Anderson v. United States
...Cf. Kloss v. United States, 8 Cir., 77 F.2d 462. See also the short, well reasoned opinion of Judge Church Ford in United States v. Combs, D.C. E.D.Ky., 73 F.Supp. 813. For another illustrative case upholding convictions for violation of the obstruction of justice statutes, see opinion of C......
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McKinney v. United States, 11910.
...et al., 258 U.S. 250, 42 S.Ct. 301, 66 L.Ed. 604; United States v. Behrman, 258 U.S. 280, 42 S.Ct. 303, 66 L.Ed. 619; United States v. Combs, D.C., 73 F.Supp. 813, decided in In the instant case this instruction was given: "The jury must find beyond a reasonable doubt that the defendant kep......