UNITED STATES v. TOMMASELLO

Cr. No. 40865.

64 F.Supp. 467 (1946)

UNITED STATES v. TOMMASELLO.

District Court, E. D. New York.

February 5, 1946.


Attorney(s) appearing for the Case

T. Vincent Quinn, U. S. Atty., of Brooklyn, N. Y. (Matthew F. Fagan, Asst. U. S. Atty., of Brooklyn, N. Y., of counsel), for plaintiff.

Benjamin R. Leinhardt, of Brooklyn, N. Y., for defendant.


BYERS, District Judge.

The defendant demurs to an indictment in four counts which are uniform except as to dates, charging a violation of Title 18 U.S.C. § 72, 18 U.S.C.A. § 72.

The presently material allegations are:

That "the defendant * * * did make and cause to be made a false prescription for narcotics for the purpose of defrauding the United States, knowing same to be false and falsely made, which said prescription was as follows: ...

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