252 F. 569 | 4th Cir. | 1918
The defendant was convicted and sentenced under an indictment charging violation of the following statute :
“Whoever shall rescue or attempt to rescue, from the custody of any officer or person lawfully assisting him, any person arrested upon a warrant or other process issued under the provisions of any law of the United States, or shall, directly or indirectly, aid, abet, or assist any person so arrested to escape from the custody of such officer or other person, or shall harbor or conceal any person for whose arrest a warrant or process has been so issued, so as to prevent his discovery and arrest, after notice or knowledge of the fact that a warrant or process has been issued for the apprehension of such person, shall be fined not more than one thousand dollars, or imprisoned not more than six months, or both.” Criminal Code (Act March 4, 1909, c. 321) § 141, 35 Stat. 1114 (Comp. St. 1916, § 10311).
The first count charged that the defendant aided, abetted, and assisted William Knobloch, a person under arrest and convicted under the laws of the United States, and in the custody of the warden of the United States penitentiary at Atlanta, to escape from that custody. The second count charged that the defendant harbored and concealed the convict, William Knobloch, so as to prevent his discovery and arrest. Knobloch escaped from the Atlanta penitentiary on August 29, 1916. Some time in September, 1916, he appeared in Charleston, S. C., where the defendant lived, and, as the evidence tended to show, was by the defendant aided and protected, and assisted to leave Charleston. Under this state of the proof, the defendant’s counsel requested the District Judge to direct a verdict of acquittal on the first count of the-indictment. The motion was refused.
Affirmed.
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