Wheeler v. United States

BRYAN, Circuit Judge.

The defendant, Thomas R. Wheeler, was convicted on an indictment under section 65 of the Penal Code (Comp. St. § 10233), charging him with an assault upon one Ferguson, an officer of the internal revenue, while that officer, in the execution of his duty, was engaged “in making search for persons having in their possession and transporting and conveying illicit spirits, to wit, whisky.”

A demurrer was interposed to the indictment, and objection was made to any evidence in support thereof, upon the ground that the indictment fails to allege that the revenue officer had a…