United States v. Kemler

FORD, District Judge.

The indictment in this case alleges a violation by the defendant of Section 39 of the Criminal Code, 18 U.S.C.A. § 91.1

The defendant moves to quash the indictment and demurs to it, asking dismissal, relying on several grounds. The grounds dealt with here are those argued in the defendant’s brief.

First, the defendant alleges in both his motion and demurrer that the indictment is duplicitous, in that two or more distinct offenses are charged in the same count. The government argues only one offense is created by the statute but different means or modes of committing the…