McLaughlin, Freedman*fn* and Aldisert, Circuit Judges.
Before us are seven appeals from convictions resulting from an attack upon two agents of the Federal Bureau of Investigation.*fn1 The four-count indictment charged the defendants with (1) assault, or aiding and abetting an assault, with a dangerous weapon (a shoe) upon special agent Frank W. Grant, in violation of 18 U.S.C. § 111; (2) assault, or aiding and abetting an assault, upon special agent James D. Snyder, also in violation of § 111; (3) conspiring to prevent these agents from performing their duties, in violation of 18 U.S.C. § 372; and (4) assisting their prisoner, Robert Barber, to escape, in violation of 18 U.S.C. § 752. Following a three-week trial, the jury returned the following verdicts on the charges against the present appellants.
Count 1 Count 2 Count 3 Count 4
Assault with a Assault prevent agents Assisting
dangerous weapon upon from performing in
Defendant upon Grant Snyder their duties escape
James Allen Guilty to Guilty Guilty Guilty
Warren Hilman Guilty as Guilty Guilty Guilty
Robert Tate Guilty to Not guilty Guilty Guilty
Steven Eric Not guilty Not guilty Guilty Guilty
Manuel Teddy Not guilty Guilty Not guilty Guilty
Allan Steed Guilty as Not guilty Guilty Guilty
William H. Guilty as Guilty Guilty Guilty
From the multitude of arguments pressed and considered in these consolidated appeals, we have decided that the following questions ...