United States v. Mangiaracina

REEVES, Chief Judge.

The motion to dismiss is in two parts. First, it is very comprehensive in asking for the dismissal of all of the counts in the indictment on the grounds:

“(a) That the defendant was required by a subpoena to appear before the Grand Jury as a witness; * * * was examined and required to testify to matters and things relating to and material to the charge made in the indictment against him, * ^ :[i »

“(b) In the alternative, ‘ * * * aver-ments of the motion are directed against Count I of the indictment on the ground that’ * * * it fails to state sufficient facts to constitute…