United States v. Holmes

ALLRED, District Judge.

Defendant was convicted by a jury, on November 18, 1952, of violating 18 U.S. C.A. § 873. On December 23, 1952, his court appointed counsel filed a motion in arrest of judgment, re-urging a motion to dismiss the indictment for failure to state an offense. The motion to dismiss had been filed on November 17th, before selection of the jury. It was overruled by the court with considerable misgivings and counsel were apprised in open court that the court would give it further consideration in the event of a guilty verdict.

Government counsel urges that the motion in arrest…