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United States v. Barber

decided: April 14, 1971.

UNITED STATES OF AMERICA
v.
JAMES ALLEN BARBER, APPELLANT IN 18304 ET AL. APPEAL OF WARREN HILMAN MOWBRAY, APPELLANT IN NO. 18305. APPEAL OF ROBERT TATE, APPELLANT IN NO. 18306. APPEAL OF STEVEN ERIC WHITE, APPELLANT IN NO. 18307. APPEAL OF MANUEL TEDDY BRUNSWICK, APPELLANT IN NO. 18309. APPEAL OF ALLAN STEED, APPELLANT IN NO. 18310. APPEAL OF WILLIAM H. ROBINSON, APPELLANT IN NO. 18311



McLaughlin, Freedman*fn* and Aldisert, Circuit Judges.

Author: Aldisert

Opinion OF THE COURT

ALDISERT, Circuit Judge.

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

Conspiring to

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

Barber lesser offense

of assault

Warren Hilman Guilty as Guilty Guilty Guilty

Mowbray charged

Robert Tate Guilty to Not guilty Guilty Guilty

lesser offense

of assault

Steven Eric Not guilty Not guilty Guilty Guilty

White

Manuel Teddy Not guilty Guilty Not guilty Guilty

Brunswick

Allan Steed Guilty as Not guilty Guilty Guilty

charged

William H. Guilty as Guilty Guilty Guilty

Robinson charged

From the multitude of arguments pressed and considered in these consolidated appeals, we have decided that the following questions ...


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