De Bonis v. United States

DENISON, Circuit Judge.

Conviction under section 121, tit. 18, US CA, being section 65 of the Criminal Code. De Bonis was charged with shooting a prohibition agent who was about to make' a search or seizure in the execution of his duty, and with intent by De Bonis to commit a bodily injury upon the officer, or deter or prevent him from discharging his duty.

Agent Watts and two other officers, on duty in an Ohio village, had observed a house apparently closed, but from which was coming a distinct odor of cooking mash. Believing that distilling was being here carried on, they returned the next…