United States v. Carr

HALBERT, District Judge.

Defendant has filed a motion to dismiss the indictment returned by the Grand Jury in this case on the ground of duplicity (Federal Rules of Criminal Procedure, Rules 8(a) and 12(b) (2), 18 U.S.C.A.). The indictment charges, in pertinent part, that:

“ * * * defendant herein, unlawfully, knowingly and wilfully and with intent to defraud1 McClellan Officers “Open Mess, did falsely assume and pretend to be an employee of a Department of the United States, to wit: A First Lieutenant in the United States Marine Corps, Department of the Navy, and in such pretended character…