UNITED STATES v. CAFARELLI

No. Cr-28-29.

183 F.Supp. 734 (1959)

UNITED STATES of America, Plaintiff, v. Clement G. CAFARELLI, Leo J. Puccinelli, and George T. Tayler, Defendants. Re Motion of the defendant Leo J. Puccinelli.

United States District Court D. Utah, Central Division.

June 25, 1959.


Attorney(s) appearing for the Case

A. Pratt Kesler, U. S. Atty., and William Jack Adams, Asst. U. S. Atty., for District of Utah, Salt Lake City, Utah, for plaintiff.

Eks Ayn Anderson and Leo A. Jardine, Salt Lake City, Utah, for defendant Clement G. Cafarelli.

Leonard W. Elton (of Rich, Elton & Mangum), Salt Lake City, Utah, for defendant Leo J. Puccinelli.

Lionel M. Farr, Salt Lake City, Utah, for defendant George T. Tayler.

John Lee, Salt Lake City, Utah, for Securities & Exchange Commission.


CHRISTENSON, District Judge.

Defendant Puccinelli has moved that counts 1 to 19, inclusive, of the indictment be dismissed on the ground that the Court is without jurisdiction because the offenses sought to be alleged therein were in substance and effect amended by dismissal of some of the counts as against other defendants. This motion as to each and all of the counts is denied, the Court being of the opinion that the dismissal did not comprise in form or substance...

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