UNITED STATES v. HERZIG


26 F.2d 487 (1928)

UNITED STATES v. HERZIG et al.

District Court, S. D. New York.

May 1, 1928.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., David W. Peck, Asst. U. S. Atty., both of New York City.

Louis Marshall, Nash Rockwood, and David P. Siegel, all of New York City, for defendants.

George Graham Rice, pro se.


WINSLOW, District Judge.

The defendants have made three separate motions: (1) To inspect the stenographer's minutes of the grand jury which found the indictment; (2) a plea in abatement; and (3) a motion to quash the indictment. The defendants have been indicted under ten separate counts for using the mails in a scheme to defraud, and also under a separate count for conspiracy to commit the substantive offense.

Assuming that the court has the discretionary...

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