UNITED STATES v. MALPHURS

No. 6433-J.

41 F.Supp. 817 (1941)

UNITED STATES v. MALPHURS et al.

District Court, S. D. Florida, Jacksonville Division.

June 30, 1941—November 5, 1941.


Attorney(s) appearing for the Case

Herbert S. Phillips, of Tampa, Fla., and William A. Paisley, of Jacksonville, Fla., for the United States.

Hull, Landis & Whitehair and John L. Graham, all of DeLand, Fla., for defendants.


STRUM, District Judge.

Defendants were indicted under Sections 3 and 4 of the Hatch Act, 18 U.S.C.A. § 61b and 61c, denouncing pernicious activities "in any election." The indictment charges the defendants with activities denounced by the statute, but charges that these activities were committed in connection with nominating primaries (not in a general election) in which United States Senators and Representatives were to be nominated.

By demurrer, defendants...

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