United States v. Smith

ROBERT L. TAYLOR, Chief Judge.

Before the Court is the motion of John Calvin Smith and Wayland Smith to dismiss the indictment in this case upon two grounds: (1) That the charges made do not constitute an offense under Title 18-371 or Title 18-2314. (2) That the charges in the indictment do not constitute an offense against the United States.

The indictment is based on the conspiracy statute contained in Title 18 U.S.C. § 371. The federal statute which the defendants are charged to have violated is Title 18 U.S.C. § 2314.

The charges are that defendants conspired and agreed among themselves and…