Alterman Transport Lines, Inc. v. United States

(specially concurring in the result).

I, of course, agree with the view of the majority that if timely and effectively challenged below on the ground taken by the court in its opinion, the information could not stand. I cannot, however, agree that upon this record the omission from the information now challenged ex mero motu by the court is of the fundamental and prejudicial character ascribed to it by the court. This is that the error in respect of it has survived, (1) the failure of defendant to urge it below in a specific attack upon the information or by objecting to the reception of the…