United States v. William Jerome Harmon

In this appeal we are called upon to determine whether an indictment charging false personation of an officer or employee of the United States (18 U.S. C. § 912) is fatally defective if it fails to allege that the accused performed an “act” under his falsely assumed identity. Judge Port dismissed four counts of the seven count indictment 1 which charged Harmon with falsely pretending to be an Air Force Sergeant and recently returned Vietnam prisoner of war. The government appeals that order of dismissal (18 U.S.C. § 3731).

The plain language of § 912 is dispositive of this appeal. That section…