Gay v. United States

BRYAN, Circuit Judges.

Two brothers, Roy Gay and Russell Gay, were indicted and tried separately for jointly assaulting a federal prohibition agent and destroying a pitcher of intoxicating liquor after it had been seized by that officer. The indictments were based on section 65 of tbe Criminal Code (Comp. St. § 10233). Tbe cases may be disposed of in a single opinion, as they arise ont of the same state of facts.

The first count of the indictment against Roy Gay charges that he “did unlawfully and willfully forcibly assault, oppose, prevent, impede, and interfere with an officer of the internal…