United States v. Lepowitch

The defendants are charged with impersonating Federal Bureau of Investigation officers and by that means attempting to elicit information from one person concerning the whereabouts of another. They were indicted under 18 U. S. C. § 76, the first branch of which includes two elements: impersonation of an officer of the government and acting as such with intent to defraud either the United States or any person. The District Judge sustained a demurrer to the indictment, holding that the conduct of the defendants, “while highly reprehensible, does not come within the terms of the statute.” He…