United States v. Lamont Gatewood Freeman, Ollie James Davis and Lee Truman Stevenson

HEANEY, Circuit Judge.

Lamont Gatewood Freeman, along with two other men, was convicted in the United States District Court for the Southern District of Iowa of violating 18 U.S.C. §§ 2314 1 and 2 (1970). The defendant made a timely motion for Arrest of Judgment on the ground that the indictment under which he was convicted was fatally defective in that it failed to allege and charge an essential element of the crime charged. The trial court denied his motion. We reverse.

The defendant was charged under the following indictment:

“On the 25th day of April, 1972, LAMONT GATEWOOD FREEMAN, OLLIE…