United States v. Stepp

KNOUS, Chief Judge.

This matter arises upon the defendant’s motion “For Judgment of Acquittal or Arrest of Judgment.” The defendant was tried and convicted by a jury for making a threat upon the life of the President in violation of 18 U.S.C. § 871. The principal grounds of defendant’s motion are: 1) that in effect the Court *827allowed an amendment to> the single-count Indictment returned by the Grand Jury in violation of the Fifth Amendment to the United States Constitution; and 2) that there was a fatal variance between the proof and the Indictment. The Court has examined the further…