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UNITED STATES v. MERCER

Crim. No. 34493.

133 F.Supp. 288 (1955)

UNITED STATES of America, Plaintiff, v. Leonard MERCER, alias Cyril Sharron, alias R. C. Allen, alias John Thomas; John Logan and William Arnold, Defendants.

United States District Court N. D. California, S. D.

July 5, 1955.

Attorney(s) appearing for the Case

Lloyd H. Burke, U. S. Atty., John Lockley, Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

Ben Davis, Jack L. Burnam, San Francisco, Cal., for defendant Cyril Sharron.

David Cannon, Cannon & Callister, Los Angeles, Cal., for defendant Harold Bourgeois.

OLIVER J. CARTER, District Judge.

Before the Court are defendants' motions to dismiss the indictment against them on the ground that it fails to allege an offense against the United States, and for judgment of acquittal as to count four of that indictment.

Counts two and three of the indictment charge the defendants with transmitting sounds by means of interstate wire for the purpose of executing a scheme to defraud, in violation of 18 U. S.C. § 1343...

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