McCORD, Circuit Judge.
Appellants, Bruno Koehler and Hugo Ackermann, were tried and convicted for violation of Section 242 of Title 18, U.S. C.A. and also of a conspiracy to violate that statute.1
[712]*712The information upon which their prosecution was based alleges that the defendants entered into a conspiracy for the purpose of depriving one Efram Rasberry of his rights, privileges and immunities secured to him under the Constitution of the United States; namely, the right, privilege, or immunity to be secure in his person while in the custody of the State of Texas; the right, privilege and immunity not to be subjected to punishment without due process of law; the right, privilege and immunity not to be denied the equal protection of the laws of the State of Texas; the right and privilege to be immune while in the custody of persons acting under color of the laws of the State of Texas from illegal assault and battery by any person exercising the authority of said State; and the right and privilege to be tried by due process of law, and if found guilty, to be sentenced and punished in accordance with the laws of the State of Texas. It was thereafter alleged in the first count of the information that the object of the conspiracy of the defendant was to inflict illegal summary punishment upon Efram Rasberry, and that in furtherance of this conspiracy, the defendants committed certain overt acts.
The second count of the information charged that on or about August 23rd and August 24th, 1949, appellant, Bruno Koehler, a duly elected, qualified and acting constable of Guadalupe County, Texas, acting under color of the laws and statutes of the State of Texas, wilfully subjected and caused to be subjected Efram Rasberry, a resident of the State of Texas, to the deprivation of certain rights, privileges and immunities secured to him and protected by the Fourteenth Amendment to the Constitution of the United States. Appellant, Hugo W. Ackermann, was alleged to have wil-fully aided, abetted and counseled Koehler in the commission of this offense.
Defendants, in answer, denied the allegations of both the conspiracy and substantive counts of the information, whereupon they were tried before a jury and found guilty on both counts. Upon conviction, the trial court set punishment for each of the defendants at a $500.00 fine, and six months in jail.
The principal questions confronting us for determination are (1) whether there is substantial evidence to support the verdict and sustain the convictions under both counts of the information; and (2) whether the trial court committed reversible error in refusing to grant defendants’ requested instruction on circumstantial evidence, and in granting certain other charges which, it is claimed, were erroneous and prejudicial. Specifically, appellants deny there was sufficient evidence to justify a finding that they acted “under color of the laws and statutes of the State of Texas”, or that they wilfully subjected Rasberry to any deprivation of his constitutional rights, privileges and immunities.
The evidence reveals that on the night of August 23, 1949, Efram Rasberry, accompanied by a minister by the name of Ernest Benzs, was traveling in an automobile toward Marion, Texas. When they arrived at a place called Cíbolo Creek a number of hounds belonging to the appellant, Koehler, began to run across the highway. Ras-berry, who was driving, slowed the car down, and one of the hounds was either hit by the car or ran into it. Afterwards, Rasberry and his companion, Benzs, proceeded on into the town of Marion, and were followed by appellants in an automobile. Appellants blew their siren, and stopped Rasberry’s car, stating, “Didn’t you know that I am the law?”. Rasberry replied, “Yes, sir, Mr. Koehler, I know you are the law.” Koehler then stated, “Get out of here, you are under arrest”. Koehler then pulled Rasberry out of his car, after which both the appellants beat him with their fists or a club, while Rasberry’s companion, Benzs, hid himself behind some bushes to escape being caught. Thereafter, appellants took Rasberry to a bar owned by Koehler in Marion, where he was held in custody without anyone 'being allowed to see him. While Rasberry was there the appellant, Ackermann, picked up a pet alligator owned by Koehler and kept in a washtub in the bar, and placed it against Ras-berry’s naked body. Koehler pointed a [713]*713pistol at Rasberry and told him to say his prayers; that if the dog Rasberry had hit with his car died, he (Koehler) was going to hang him, and that while he was hanging he would stay nearby with a gun, so nobody could cut him down.
Appellants later placed Rasberry in their car and drove over to the home of one Bob Miller. Koehler told Miller, “That is old Rasberry; he has been out with your daughter, running around with your daughter, and I am going to put him in jail, and I want you to take my gtin and kill him”, to which Miller replied, “No, I could do nothing like that”. Koehler then stated, “You don’t want to kill him he has been out with Herbert Butler’s wife * * * if you haven’t got any gun, come on over; I am going to put him in jail; come on over, and get my gun and kill him. He is running around with your daughter, and he has done run over my dogs, and if you don’t kill him, I am going to kill him and her both in the morning, if those dogs die.” Thereafter, appellants returned Rasberry to the jail at Marion, Texas, and the following day he was removed to the Guadalupe County jail.
The doctor who was called to examine Rasberry the day after he was beaten testified that at that time his head was swollen, that he had a cut on his lower lip and a cut on his forehead which required stitches, and that both lips were swollen and lacerated and he could not talk intelligibly. Rasberry testified that he was unconscious until the second day after the difficulty, at which time he was at his home in bed.
After he had placed Rasberry in jail, Koehler delivered to the local Justice of the Peace some unsworn complaints charging Rasberry with driving a motor vehicle without good brakes and without lights. The complaints were not filed with the court because they were not sworn to, and no other charges were ever filed or made, against Rasberry.
We are of opinion there is substantial evidence to support the verdict as to the guilt of both appellants. Where, as here, an individual is apprehended by an officer of the law acting under color of his office, and is badly beaten, intimidated and imprisoned without ever being taken before a committing magistrate or a tribunal which would afford him due process of law and preserve his constitutional rights, manifestly he has been deprived of his rights, privileges and immunities within the meaning of the statute. Title 18, U.S.C.A. Section 242; Screws v. United States, 325 U.S. 91, 65 S.Ct. 1031, 89 L.Ed. 1495; United States v. Classic, 313 U.S. 299, 61 S.Ct. 1031, 85 L.Ed. 1368; Crews v. United States, 5 Cir., 160 F.2d 746; Williams v. United States, 341 U.S. 97, 71 S.Ct. 576.
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McCORD, Circuit Judge.
Appellants, Bruno Koehler and Hugo Ackermann, were tried and convicted for violation of Section 242 of Title 18, U.S. C.A. and also of a conspiracy to violate that statute.1
[712]*712The information upon which their prosecution was based alleges that the defendants entered into a conspiracy for the purpose of depriving one Efram Rasberry of his rights, privileges and immunities secured to him under the Constitution of the United States; namely, the right, privilege, or immunity to be secure in his person while in the custody of the State of Texas; the right, privilege and immunity not to be subjected to punishment without due process of law; the right, privilege and immunity not to be denied the equal protection of the laws of the State of Texas; the right and privilege to be immune while in the custody of persons acting under color of the laws of the State of Texas from illegal assault and battery by any person exercising the authority of said State; and the right and privilege to be tried by due process of law, and if found guilty, to be sentenced and punished in accordance with the laws of the State of Texas. It was thereafter alleged in the first count of the information that the object of the conspiracy of the defendant was to inflict illegal summary punishment upon Efram Rasberry, and that in furtherance of this conspiracy, the defendants committed certain overt acts.
The second count of the information charged that on or about August 23rd and August 24th, 1949, appellant, Bruno Koehler, a duly elected, qualified and acting constable of Guadalupe County, Texas, acting under color of the laws and statutes of the State of Texas, wilfully subjected and caused to be subjected Efram Rasberry, a resident of the State of Texas, to the deprivation of certain rights, privileges and immunities secured to him and protected by the Fourteenth Amendment to the Constitution of the United States. Appellant, Hugo W. Ackermann, was alleged to have wil-fully aided, abetted and counseled Koehler in the commission of this offense.
Defendants, in answer, denied the allegations of both the conspiracy and substantive counts of the information, whereupon they were tried before a jury and found guilty on both counts. Upon conviction, the trial court set punishment for each of the defendants at a $500.00 fine, and six months in jail.
The principal questions confronting us for determination are (1) whether there is substantial evidence to support the verdict and sustain the convictions under both counts of the information; and (2) whether the trial court committed reversible error in refusing to grant defendants’ requested instruction on circumstantial evidence, and in granting certain other charges which, it is claimed, were erroneous and prejudicial. Specifically, appellants deny there was sufficient evidence to justify a finding that they acted “under color of the laws and statutes of the State of Texas”, or that they wilfully subjected Rasberry to any deprivation of his constitutional rights, privileges and immunities.
The evidence reveals that on the night of August 23, 1949, Efram Rasberry, accompanied by a minister by the name of Ernest Benzs, was traveling in an automobile toward Marion, Texas. When they arrived at a place called Cíbolo Creek a number of hounds belonging to the appellant, Koehler, began to run across the highway. Ras-berry, who was driving, slowed the car down, and one of the hounds was either hit by the car or ran into it. Afterwards, Rasberry and his companion, Benzs, proceeded on into the town of Marion, and were followed by appellants in an automobile. Appellants blew their siren, and stopped Rasberry’s car, stating, “Didn’t you know that I am the law?”. Rasberry replied, “Yes, sir, Mr. Koehler, I know you are the law.” Koehler then stated, “Get out of here, you are under arrest”. Koehler then pulled Rasberry out of his car, after which both the appellants beat him with their fists or a club, while Rasberry’s companion, Benzs, hid himself behind some bushes to escape being caught. Thereafter, appellants took Rasberry to a bar owned by Koehler in Marion, where he was held in custody without anyone 'being allowed to see him. While Rasberry was there the appellant, Ackermann, picked up a pet alligator owned by Koehler and kept in a washtub in the bar, and placed it against Ras-berry’s naked body. Koehler pointed a [713]*713pistol at Rasberry and told him to say his prayers; that if the dog Rasberry had hit with his car died, he (Koehler) was going to hang him, and that while he was hanging he would stay nearby with a gun, so nobody could cut him down.
Appellants later placed Rasberry in their car and drove over to the home of one Bob Miller. Koehler told Miller, “That is old Rasberry; he has been out with your daughter, running around with your daughter, and I am going to put him in jail, and I want you to take my gtin and kill him”, to which Miller replied, “No, I could do nothing like that”. Koehler then stated, “You don’t want to kill him he has been out with Herbert Butler’s wife * * * if you haven’t got any gun, come on over; I am going to put him in jail; come on over, and get my gun and kill him. He is running around with your daughter, and he has done run over my dogs, and if you don’t kill him, I am going to kill him and her both in the morning, if those dogs die.” Thereafter, appellants returned Rasberry to the jail at Marion, Texas, and the following day he was removed to the Guadalupe County jail.
The doctor who was called to examine Rasberry the day after he was beaten testified that at that time his head was swollen, that he had a cut on his lower lip and a cut on his forehead which required stitches, and that both lips were swollen and lacerated and he could not talk intelligibly. Rasberry testified that he was unconscious until the second day after the difficulty, at which time he was at his home in bed.
After he had placed Rasberry in jail, Koehler delivered to the local Justice of the Peace some unsworn complaints charging Rasberry with driving a motor vehicle without good brakes and without lights. The complaints were not filed with the court because they were not sworn to, and no other charges were ever filed or made, against Rasberry.
We are of opinion there is substantial evidence to support the verdict as to the guilt of both appellants. Where, as here, an individual is apprehended by an officer of the law acting under color of his office, and is badly beaten, intimidated and imprisoned without ever being taken before a committing magistrate or a tribunal which would afford him due process of law and preserve his constitutional rights, manifestly he has been deprived of his rights, privileges and immunities within the meaning of the statute. Title 18, U.S.C.A. Section 242; Screws v. United States, 325 U.S. 91, 65 S.Ct. 1031, 89 L.Ed. 1495; United States v. Classic, 313 U.S. 299, 61 S.Ct. 1031, 85 L.Ed. 1368; Crews v. United States, 5 Cir., 160 F.2d 746; Williams v. United States, 341 U.S. 97, 71 S.Ct. 576. Moreover, the jury was warranted under the evidence adduced in finding that appellants acted wilfully, and that they intentionally subjected Rasberry to illegal and summary punishment without due process of law. In this connection, the language of this court in the case of Crews v. United States, 160 F.2d 746, at page 750, is particularly applicable here: “An officer of the law undoubtedly knows that a person arrested by him for an offense has the constitutional right to a trial under the law, and if the jury should believe from the evidence beyond a reasonable doubt that such an officer willfully failed to accord to one arrested by him the opportunity for such a trial but substituted instead his own trial by ordeal, such jury would be justified in finding that such a denial of such constitutional right was consciously and willfully made. One is generally presumed to have intended the normal and reasonable consequences of his acts.”
There is abundant evidence to warrant the finding that appellants here acted “under color of the laws and statutes of the State of Texas”. The use of the police siren while in pursuit of Rasberry, the statement to Rasberry, “Didn’t you know that I am the law?”, the action of appellants in placing Rasberry “under arrest” and lodging him in jail, as well as the delivery of the complaints charging him with defective brakes and lights, clearly support and warrant the inference of the jury that appellants acted “under color of law” in committing the offense charged. Furthermore, the evidence conclusively reveals that [714]*714Ackermann and Koehler were acting in concert in perpetrating the offense. 2
We find no merit in the contention that the trial court erred in refusing to give defendants’ requested instruction on circumstantial evidence. Here, the conviction did not depend solely on circumstantial evidence, and such charge was clearly erroneous. Cf. Bedell v. United States, 8 Cir., 78 F.2d 358; U. S. v. Skidmore, 7 Cir., 123 F.2d 604.
We further find no merit in the contention that the trial court committed reversible error in charging the jury that “the intent (of appellants) is presumed and inferred from the result of the action.” The appellants interposed no objection to that portion of the charge now complained of, and the trial court may not now be put in error in this regard. Popham v. United States, 5 Cir., 11 F.2d 966. The record also reveals that after such statement, the trial court continued its charge: “The proof of a general intent to do Rasberry wrong is not sufficient, but a specific intent to deprive him of a Constitutional right is a burden the law casts upon the Government in this case. Neither color of law nor specific intent may be presumed by you gentlemen, but both color of law and specific intent must be proven by the government beyond a reasonable doubt”. See Screws v. U. S., 325 U.S. 91, 65 S.Ct. 1031, 89 L.Ed. 1495.
We have carefully examined each and every assignment of error by appellants, and find them all, without exception, wholly without substance or merit. The charge of the trial court, viewed fully and fairly in its entirety, substantially preserved every right of appellants and every important issue in the case for the consideration of the jury.
We find no reversible error in the record, and the judgment is accordingly affirmed.