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UNITED STATES v. TROY

No. 8694.

6 F.Supp. 315 (1934)

UNITED STATES v. TROY.

District Court, M. D. Pennsylvania.

February 22, 1934.

Attorney(s) appearing for the Case

Rule made absolute, and the indictment quashed.

Andrew B. Dunsmore, of Wellsboro, Pa., for the United States.

R. L. Levy and A. M. Lucks, both of Scranton, Pa., for defendant.

WATSON, District Judge.

The defendant was indicted on June 7, 1933, for a violation of the Revenue Act of 1928 (USCA title 26, § 2146). The defendant filed a petition for a rule to show cause why the indictment should not be quashed, which rule was granted.

The third reason assigned in support of the rule to show cause is as follows:

"Third. The indictment is defective because it fails to aver that Jacob Troy was under a duty to perform the act...

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