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UNITED STATES v. POWERS

No. 28933.

444 F.2d 260 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Carl William POWERS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 12, 1971.

Attorney(s) appearing for the Case

Doyle W. Curry, Marshall, Tex., for defendant-appellant.

Roby Hadden, U. S. Atty., James W. Knowles, Asst. U. S. Atty., Tyler, Tex., for plaintiff-appellee.

Before WISDOM, Circuit Judge, DAVIS, Judge, and GOLDBERG, Circuit Judge.

DAVIS, Judge:

Tried with several others, appellant Powers was convicted of attempting to escape from federal custody (in violation of 18 U.S.C. § 751(a)) and of conspiring to escape and to aid federal prisoners to escape (in violation of 18 U.S.C. § 371). The proof was that, while held in lawful custody in the Harrison County (Texas) Jail by an authorized representative of the Attorney General, he and other prisoners tried to escape by cutting a hole in...

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