United States v. Wells

STEEL, District Judge.

The action is before me upon a motion to dismiss the indictment.

Defendant asserts that the dates of the offenses alleged in Counts II through V are stated in general terms only, and hence those counts fail sufficiently to inform defendant of the charges to enable him to prepare his defense and to plead the judgment as a bar to further prosecution. Count II charges that “on or about the Fall of 1957” the defendant knowingly transported in interstate commerce, for the purpose of sale or distribution, two reels of obscene film in violation of 18 U.S.C. § 1465. Count III is…