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UNITED STATES v. CARR

Crim. No. 12978.

194 F.Supp. 144 (1961)

UNITED STATES of America, Plaintiff, v. Arthur B. CARR, Jr., Defendant.

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

May 8, 1961.

Attorney(s) appearing for the Case

Robert E. Woodward, Asst. U. S. Atty., Sacramento, Cal., for plaintiff.

Joseph Q. Joynt, Sacramento, Cal., for defendant.

HALBERT, District Judge.

Defendant has filed a motion to dismiss the indictment returned by the Grand Jury in this case on the ground of duplicity (Federal Rules of Criminal Procedure, Rules 8(a) and 12(b) (2), 18 U.S.C.A.). The indictment charges, in pertinent part, that:

"* * * defendant herein, unlawfully, knowingly and wilfully and with intent to defraud1 McClellan Officers "Open Mess, did falsely assume and pretend to be...

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