UNITED STATES v. DURST

No. 9784.

59 F.Supp. 891 (1945)

UNITED STATES v. DURST.

District Court, S. D. West Virginia.

March 28, 1945.


Attorney(s) appearing for the Case

A. Garnett Thompson, Asst. U. S. Atty., of Charleston, W. Va., and Ben Ivan Melnicoff, of Washington, D. C., for plaintiff.

John J. D. Preston and Charles M. Love, Jr., both of Charleston, W. Va., for defendant.


MOORE, District Judge.

Thomas Durst is the defendant in a criminal information charging in seventeen counts numerous violations of War Food Distribution Order 75-1. He demurred to the information, setting forth a number of grounds of demurrer. The only grounds seriously argued are those which challenge the validity of the regulation on which the information is based because of indefiniteness, in that, as defendant alleges, it fails to provide a standard which is certain...

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