United States v. Joseph McGough United States of Am. v. Joseph Earl Huber, Jr., 410 F.2d 458 (4th Cir. 1969). · Go Syfert
United States v. Joseph McGough United States of Am. v. Joseph Earl Huber, Jr., 410 F.2d 458 (4th Cir. 1969). Cases Citing This Book View Copy Cite
6 citation events across 3 distinct courts.
Strongest positive: United States v. Jacki Eugene Leach, United States of America v. Robert Lewis Farris, United States of America v. Roy Malcolm Roberts, United States of America v. Carl Houston Roberts (ca8, 1970-08-24)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited "see, e.g." United States v. Jacki Eugene Leach, United States of America v. Robert Lewis Farris, United States of America v. Roy Malcolm Roberts, United States of America v. Carl Houston Roberts
8th Cir. · 1970 · signal: see also · confidence low
See also and compare United States v. McGough, 410 F. 2d 458 (4th Cir. 1969); Burke v. United States, 400 F.2d 866 (5th Cir. 1968); and Pipes v. United States, 399 F.2d 471 (5th Cir. 1968). 7 Although conceding that each defendant was guilty of one assault, defendants contend that the trial court erred by permitting each of them to be charged for two offenses asserting that an assault upon both federal officers at the same time could only be one act of hindrance by each defendant and hence only one crime under 18 U.S.C. § 111 , and that one count of the indictment should have been quashed.
cited Cited "see, e.g." United States v. Leach
8th Cir. · 1970 · signal: see also · confidence low
See also and compare United States v. McGough, 410 F. 2d 458 (4th Cir. 1969); Burke v. United States, 400 F.2d 866 (5th Cir. 1968); and Pipes v. United States, 399 F.2d 471 (5th Cir. 1968).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Joseph McGOUGH, Appellant; UNITED STATES of America, Appellee, v. Joseph Earl HUBER, Jr., Appellant
13069, 13070.
Court of Appeals for the Fourth Circuit.
May 8, 1969.
410 F.2d 458
T. Brooke Howard, Alexandria, Va., for appellant, Joseph McGough., Joseph S. GuIIo, Arlington, Va., (Court-appointed counsel) for appellant Joseph Earl Huber, Jr., Alfred D. Swersky, Asst. U. S. Atty., (C. V. Spratley, Jr., U. S. Atty., on the brief), for appellee.
Boreman, Butzner, Per Curiam, Winter.
Cited by 6 opinions  |  Published
PER CURIAM:

Our examination of the record satisfies us that there was sufficient evidence from which the jury might have concluded beyond a reasonable doubt that both defendants were guilty of assaulting a federal officer in performance of his duties, in violation of 18 U.S.C.A. §§ 111, 1114 and 2, and that no reversible error occurred in the submission of the case to the jury. We conclude that the defense of entrapment was not applicable, factually or legally.

It is not necessary for us to pass upon two subsidiary questions on their merits: Defendant McGough asserted insanity as a defense arising out of the use of drugs. Even if it is assumed that drug dependence may be of such severity as to amount to a mental disease or defect, cf., Heard v. United States, 121 U.S.App.D.C. 37, 348 F.2d 43 (1964); Green v. United States, 127 U.S.App.D.C. 272, 383 F.2d 199 (1967); Bailey v. United States, 386 F.2d 1 (5 Cir.1967), the district judge in his submission to the jury permitted the jury[*459] so to conclude, charging in substance in conformity with United States v. Chandler, 393 F.2d 920 (4 Cir.1968); but notwithstanding, on a sufficient factual basis, the jury concluded the defendant was not insane. The participation of the district judge in the interrogation of expert witnesses did not exceed proper bounds; it was manifestly designed to elicit the factual basis for medical conclusions. While knowledge that the person assaulted is a federal officer is not an essential element of the crime with which the defendants were charged, United States v. Wallace, 368 F.2d 537 (4 Cir.1966), cert. den., 386 U.S. 976, 87 S.Ct. 1169, 18 L.Ed.2d 136 (1967), the indictment charged such knowledge, there was proof of knowledge on their part, and the district judge instructed the jury as to the necessity of proof of this element before any determination of guilt. Any error committed in this regard was beneficial to defendants and not prejudicial.

Affirmed.