United States v. Laura Grass, United States of America v. Jerry Stanley Grass

Sixth Circuit

United States v. Laura Grass, United States of America v. Jerry Stanley Grass

443 F.2d 28, 1971 U.S. App. LEXIS 10014

CourtCourt of Appeals for the Sixth Circuit

DecidedMay 26, 1971

Docket20830_1

StatusPublished

Cited by2 cases

This text of 443 F.2d 28 (United States v. Laura Grass, United States of America v. Jerry Stanley Grass) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Laura Grass, United States of America v. Jerry Stanley Grass, 443 F.2d 28, 1971 U.S. App. LEXIS 10014 (6th Cir. 1971).

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Opinion

PER CURIAM.

Appellants 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.

Appellants 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.

10 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.

This 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).

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

The judgments of conviction are affirmed.

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PER CURIAM.

Appellants 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.

Appellants 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.

10 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.

This 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).

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

The judgments of conviction are affirmed.

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443 F.2d 28, 1971 U.S. App. LEXIS 10014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-laura-grass-united-states-of-america-v-jerry-stanley-ca6-1971.

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