United States v. George Deloney and Harriet Deloney

DUFFY, Senior Circuit Judge.

Defendants were charged in a 4-count indictment with violations of the narcotic laws, 26 U.S.C. § 4705(a); 21 U.S.C. § 174. Two of the counts in the indictment charged an offense alleged to have occurred on March 23, 1965. The other two counts charged an offense alleged to have occurred on April 7, 1965. After a trial, the jury found the defendants guilty as charged.

Prior to the trial, defendants filed a motion to quash and dismiss the indictment. The basis for the motion was that although the offenses were alleged to have occurred on March 27 and on April 7, 1965,…