United States v. Cook

NEESE, District Judge.

These defendants were jointly indicted under a two-count indictment charging in count one “possessing” and in count two “removing and concealing” tax-unpaid whiskey. They moved to dismiss the second count on the ground that said count does not charge an offense. Finding that the second count contains all the elements of the statutory offense intended to be charged by the Grand Jury and that same sufficiently apprised the accused what they should be prepared to meet so that a judgment herein would be a bar to further proceedings against them for the same offense, the…