United States v. Cameron David Bishop

BREITENSTEIN, Circuit Judge.

The issue is whether a 1950 Presidential proclamation of a national emergency applies to sustain a prosecution for sabotage committed in 1969. Defendant was convicted of three counts of an indictment for sabotage and sentenced to concurrent seven-year terms. We reverse.

The indictment charges that with intent to interfere with, and obstruct, defense activities of the United States the defendant-appellant Bishop wilfully injured and destroyed four high voltage line towers of the Public Service Company of Colorado by use of dynamite. The towers were part of a 230,000…