Fitzgerald v. United States

HICKS, Circuit Judge.

Appellant, John J. Fitzgerald, “Flop” Bums, alias “Shorty” Bums, and Frank Filley were indicted for a violation of section 21 of the Criminal Code (section 54, 18 USCA). The indictment charged that these three knowingly conspired and agreed together to personally injure one Amot P. Foster, a federal prohibition agent, by committing an assault and battery upon him while he was engaged in the lawful discharge of his duties investigating violations of the National Prohibition Act (27 USCA). Upon arraignment Fitzgerald entered a plea of not guilty and was placed on trial…