UNITED STATES v. MAMBER

Cr. No. 54-270.

127 F.Supp. 925 (1955)

UNITED STATES of America v. Philip MAMBER.

United States District Court, D. Massachusetts.

January 13, 1955.


Attorney(s) appearing for the Case

Anthony Julian, U. S. Atty., James P. Lynch, Jr., Asst. U. S. Atty., Boston, Mass., for plaintiff.

Frederick Cohen, Boston, Mass., for defendant.


WYZANSKI, District Judge.

Defendant moves to dismiss the indictment on grounds which may fairly be re-stated as follows: (1) the nine counts are multiplicitous; (2) the indictment does not charge any offense under 18 U.S.C. § 1001 or any other section of the criminal code inasmuch as Congress has provided that the conduct described in the indictment shall be punishable solely by court-martial; (3) the indictment is so lacking in certainty as to deny due process...

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