United States v. Brian Foy

KERNER, Circuit Judge.

Defendant was indicted for violation of 18 U.S.C. § 1071, harboring and concealing a person from arrest. A jury found defendant guilty and from this conviction he appeals.

On October 19, 1967 an appeal bond of Bernard Francis Ryan was revoked and a bench warrant was issued for his arrest. The next morning, F.B.I. agents drove to an apartment building in Chicago, Illinois in which a friend of Ryan’s, Leona Phebus, lived. Ryan was known to frequent her residence. When the agents arrived, they saw Ryan’s car outside. Two agents entered the front of the building while two…