United States v. English

HOLMES, Circuit Judge.

An information in twenty-two counts was filed against Henry English, charging in substance that he engaged as a common carrier for hire in the transportation of property in interstate commerce by motor vehicle on public highways without having first acquired from the Interstate Commerce Commission a certificate of public convenience and necessity, in violation of Section 306(a) of 49 U.S.C.A. The court below sustained a motion to quash the information on the ground that each count thereof was defective in that it failed to negative the statutory exceptions. Whether or…