Legal Opinion
United States v. Mamber
District Court, D. Massachusetts
Decided January 13, 1955No. Cr. 54-270PublishedCited by 19 opinions
1Opinion of the Court
WYZANSKI, District Judge.
Defendant moves to dismiss the indictment on grounds which may fairly be re-stated as follows: (1) the nine counts are multiplicitous; (2) the indictment does not charge any offense under 18 U.S.C. § 1001 or any other section of the criminal code inasmuch as Congress has provided that the conduct described in the indictment shall be punishable solely by court-martial; (3) the indictment is so lacking in certainty as to deny due process of law under the Fifth Amendment to the Constitution; and (4) the indictment is defective because nowhere is defendant charged with a…
2Cases cited12 opinions
- Pointer v. United StatesSupreme Court of the United States · 1894
- United States v. GillilandSupreme Court of the United States · 1941
- Dealy v. United StatesSupreme Court of the United States · 1894
- Browder v. United StatesSupreme Court of the United States · 1941
- Pierce v. United StatesSupreme Court of the United States · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. BakerUnited States Court of Military Appeals · 1983
- United States v. Edward J. RobinsonCourt of Appeals for the Sixth Circuit · 1981
- In Re McBrideDistrict of Columbia Court of Appeals · 1992
- United States v. Addison Raymond KetchumCourt of Appeals for the Second Circuit · 1963
- United States v. Alvin Charles SueCourt of Appeals for the Eighth Circuit · 1978
14 more not listed; retrieve them via the Exa API.