United States v. Debrow. United States v. Wilkinson. United States v. Brashier. United States v. Rogers. United States v. Jackson

Count I of the indictment against Henry Debrow set out in the footnote1 is typical *703of the indictments in these five cases. All five are dismissed on the single and common ground that the name and the authority of the person who administered the oath are essential elements of perjury and should be stated in the indictments.

With deference, I submit that the holding is extremely technical and is contrary to the letter and spirit of the pertinent Federal Rules of Criminal Procedure.2

Section 5396, Revised Statutes, Old 18 U.S.C.A. 558, under which Hilliard v. United States, 5 Cir., 24 F.2d 99, was…