United States v. Waldin

LORD, District Judge.

This action is before the Court on Defendant’s Motion to Dismiss Indictments 18412-and 18512.

The defendant was indicted on June 1, 1955 under indictment number 18412, with violation of 18 U.S.C.A. § 371 and 26 U.S.C.A. § 145(b). Subsequent to this, on September 20, 1955, a superseding indictment (indictment 18512) was returned by the grand jury. This latter indictment contained all the charges included in the former one; however, it also contained another offense, to wit, violation of 26 U.S.C.A. § 4047(e) (4).

Because of the overlapping of the two indictments and in the…