United States v. Lembo

I cannot agree that the indictment herein is fatally defective.

Rule 12(b) (2) of the Federal Rules of Criminal Procedure specifically provides that “Defenses and objections based on defects in the * * * indictment * * * other than that it fails to show jurisdiction in the court or to charge an offense may be raised only by motion before trial.” Duplicity is, I should think, a defect which comes within those necessary to be asserted prior to trial, and the failure to raise it seasonably results in preclusion from later advancement. Cf. Connors v. United States, 1895, 158 U.S. 408, 410-411, 15…