United States v. Selph

YANKWICH, District Judge.

I. Introductory Statement of Facts.

The indictment in this case was returned on May 5, 1948. A demurrer to -each of the seven counts in the indictment was -filed on May 21, 1948. On September 24, 1948,, my -colleague, Judge Peirson M. Hall, treating the demurrer as.a Motion to- Dismiss Rule 12(a), Federal Rules of Criminal Procedure, 18 U.S.C.A., denied it. The cause is set -for trial before fne for Tuesday, February 1, 1949.

At the insistance of counsel for the defendant, I acceded to the request to hear further argument on the sufficiency of the indictment. So doing,…