Jimmie Dane Burke v. United States

TUTTLE, Circuit Judge:

This appeal presents clearly and concisely the question whether a conviction for the violation of 18 U.S.C.A. § 111, 1 comports with the law upon proof that the accused wilfully assaulted a federal official covered by the protection of the act, without either allegation or proof that when so assaulting the accused knew that his victim was a federal agent.

This appeal raises only this point. There is no dispute but that Jimmie Dane Burke wilfully and intentionally attacked FBI Agent Robert L. Wertman, who was photographing incidents of violence occurring during a civil…