Lund

Appellant was indicted and charged with the crime of impersonating an officer of the United States. A second count charged that on the same day appellant demanded and obtained from one Lawrence Davis merchandise consisting of twenty gallons of intoxicating liquor, pretending to be an officer of the United States. (18 USCA § 76). He was found guilty on both counts and sentenced on the first count to 30 months’ imprisonment, and on the second count to 5 years’ probation, to commence at the conclusion of the sentence imposed on the first count.

It appears from the evidence that, on the night of July 27, 1932, two men entered a small house, in which were one W. H. Davis and his son, Lawrence Davis. One of the two intruders pulled open his coat, exposing a badge, and exhibited a paper, stating that they were searching the place. The men, pretending to be United States officers, charged that Lawrence Davis had sold liquor. W. H. Davis asked one of the men, “Isn’t there some way out of this ?" After some discussion, one of the men asked him how much money he had, and to the response that he (Davis) might be able to raise $100, he was told that he would have to raise $500. One of the men…