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UNITED STATES v. BENNETT

190 F.Supp. 181 (1958)

UNITED STATES of America v. William B. BENNETT and Shirley Seaborn, Defendants.

United States District Court S. D. New York.

On Motion for Further Bill of Particulars April 17, 1958.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., James R. Lunney, Asst. U. S. Atty., New York City, for U. S.

Krieger & Krieger, New York City, for defendant William B. Bennett.

CASHIN, District Judge.

Items I and II of the motion are denied. Defendant Bennett has no standing to demand dismissal of a count in which he is not charged with commission of an offense. The allegation of overt act 3 of the Fourth Count of the indictment is obviously proper. The fact that the co-conspirator whose act is alleged therein has already pleaded guilty, is immaterial. The overt act is alleged to have been in furtherance of the conspiracy. Even though the...

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