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443 F.2d 28

Docket No. 20830.

United States v. Grass

Sixth Circuit Court of Appeals

Decided May 26, 1971.

Sixth Circuit Court of Appeals · decided 1971-05-26

Cited by 2 later decisions — most recently March 1975

1 federal appellate ·

2 counsel of record

Applies 10 U.S.C. § 808 · 10 U.S.C. § 809 · 18 U.S.C. § 111 (Federal Judiciary Protection Act of 2002)

Relies on United States v. Latimer

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-05-26

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¶1*29Scott Collins (court appointed), Prestonsburg, Ky., for appellants.

¶2J. F. Frankenberger, Lexington, Ky., for appellee, Eugene E. Siler, Jr., U. S. Atty., William D. Kirkland, Asst. U. S. Atty., Lexington, Ky., on brief.

¶3Before EDWARDS, MILLER and KENT, Circuit Judges.

¶4PER CURIAM.

¶5Appellants were convicted after a jury trial in the District Court for the Eastern District of Kentucky on a charge of forceably interfering with federal officers in the lawful discharge of their duties, in violation of 18 U.S.C. § 111 (1964). Although the evidence of interference was strongly disputed, the jury obviously believed the two FBI agents who testified that appellant Laura Grass grabbed an FBI agent’s arm, threw a door against him on one occasion, and barred a door against him on another, and that appellant Jerry Grass ran around the house looking for a gun with which he said he would shoot them, and he beat upon their car with his fists as they were leaving. On this record we cannot say that the jury verdicts were lacking in evidentiary support.

¶6Appellants also argue that whatever they did was lawful because the activity of the agents in entering their house was unlawful in that they did not have an arrest warrant or a search warrant. The FBI agents, however, did have a “pickup order” from the Army issued for another of Mrs. Grass’ sons, Cass Grass. The FBI agents testified that they found Cass Grass hiding in the attic.

¶710 U.S.C. § 809 (1964) says that an Army pickup order must be issued on probable cause. 10 U.S.C. § 808 (1964) specifically authorizes civil officers to make arrests on an Army pickup order.

¶8This court has previously decided the legality of entrance into a house to make an arrest on an Army pickup order. United States v. Latimer, 415 F.2d 1288 (6th Cir. 1969).

¶9We find no merit to the other issues sought to be raised.

¶10The judgments of conviction are affirmed.

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