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UNITED STATES v. HARMON

No. 952, Docket 74-1081.

496 F.2d 20 (1974)

UNITED STATES of America, Appellant, v. William Jerome HARMON, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 24, 1974.

Attorney(s) appearing for the Case

Eugene Welch, Asst. U. S. Atty. (James M. Sullivan, Jr., U. S. Atty., for the Northern District of New York, of counsel), for appellant.

David M. Garber, Syracuse, N. Y. (Bond, Schoeneck & King, Syracuse, N. Y., of counsel), for appellee.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice, and SMITH, Circuit Judge.

PER CURIAM:

In this appeal we are called upon to determine whether an indictment charging false personation of an officer or employee of the United States (18 U.S. C. § 912) is fatally defective if it fails to allege that the accused performed an "act" under his falsely assumed identity. Judge Port dismissed four counts of the seven count indictment1 which charged Harmon with falsely pretending to be an Air Force Sergeant and recently...

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