United States v. Kelly

SWYGERT, District Judge.

The question argued at the hearing on the motion to quash and which is presented by it, is whether the Government should have negatived what the defendants term “exceptions” referred to in the section of the statute under which the indictment is drawn. Title 49 U.S.C.A. § 306(a).

Upon analysis these so-called “exceptions” for the most part do not turn out to be exceptions in the true sense of the word. Other than those motor vehicles exempted from the operation of the law by reason of section 303(b), all common carriers by motor vehicle who engage in interstate or…