United States v. Sands

NETERER, District Judge.

At the close of the government’s case, the defendants moved a dismissal for failure to show that a search warrant had been issued, and absence of fact showing reasonable ground for search warrant, and that the indictment does not state an offense, in that it does not show that a lawful search warrant had been issued. The court orally granted the motion, and now, for the sake of clarity for the record, flies this memo.

The plea of not guilty places in issue every material allegation in the indictment. The presumption of innocence continues until overcome by the evidence.…