Frisina v. United States

VAN VALKENBURGH, Circuit Judge.

Appellant was indicted under the following' provisions of section 65 of the Criminal Code (section 121, title 18, USCA, p. 304), which for convenience we have numbered 1 and 2.(1) “Whoever shall forcibly assault, resist, oppose, prevent, impede, or interfere with any officer of the customs or of the internal revenue, or his deputy, or any person assisting him in the execution of his duties, or any person authorized to make searches and seizures, in the execution of his duty. * * *»(2) “And whoever shall use any deadly or dangerous weapon in resisting any person…