United States v. Thornton

BRUCHHAUSEN, Chief Judge.

The defendant moves to dismiss both counts of the indictment upon the ground “that the allegations stated in the indictment, as supplemented by the Government’s bill of particulars do not constitute a violation of either Title 18 U.S.C. Section 1071 (harboring and concealing person from arrest) or Title 18 U.S.C. Section 4 (misprision of a felony).”

As to the legal sufficiency of Count 1, the charge that defendant harbored and concealed one David Lynn Thur-ston from arrest.

In Count 1, as supplemented by the bill of particulars, in substance it is alleged, as follows:

1.…