Legal Opinion

United States v. Pitotto

District Court, D. Oregon

Decided September 13, 1920No. 8688PublishedCited by 16 opinions

John Pitotto and one Battaglia were separately indicted for resisting a revenue officer in the execution of a search warrant, and he demurs to the indictment.

1Opinion of the Court

WOLVERTON, District Judge.

The defendant is here under an indictment charging that he did unlawfully and feloniously use a deadly weapon in resisting persons authorized to make search and seizure, to wit, Delazon C. Smith and Harold M. Charlton, they being officers of the Internal Revenue Department of the United States, in the execution of their duty, namely, in executing a search warrant “duly and regularly issued” by the commissioner of the District Court of the United States for the District of Oregon, with intent to commit bodily injury upon them, and to deter and prevent them from…

2Cases cited3 opinions

  1. Veeder v. United StatesCourt of Appeals for the Seventh Circuit · 1918
  2. United States v. TureaudU.S. Circuit Court for the District of Eastern Louisiana · 1884
  3. Ripper v. United StatesCourt of Appeals for the Eighth Circuit · 1910

3Cited by16 opinions

  1. People v. GonzalezCalifornia Supreme Court · 1990
  2. Sparks v. United StatesCourt of Appeals for the Sixth Circuit · 1937
  3. State v. LockSupreme Court of Missouri · 1924
  4. Wallace v. StateIndiana Supreme Court · 1927
  5. Schencks v. United StatesCourt of Appeals for the D.C. Circuit · 1924

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