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UNITED STATES v. THOMPSON

Cr. No. 13085.

202 F.Supp. 503 (1962)

UNITED STATES of America, Plaintiff, v. Mearle D. THOMPSON and James A. Wilson, Defendants.

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

February 16, 1962.

Attorney(s) appearing for the Case

Cecil F. Poole, U. S. Atty., and William J. Cooney, Asst. U. S. Atty., San Francisco, Cal., for plaintiff.

A. Richard Backus and Reynold J. Gualco, Sacramento, Cal., for defendants.

HALBERT, District Judge.

Defendants have been indicted for having illegal possession of an unregistered firearm in violation of Title 26 U. S.C. § 5841. Defendants presently have before the Court two motions, each of which has been timely made. The first is a motion to dismiss the indictment on the ground that it fails to charge an offense (Federal Rules of Criminal Procedure, Rule 12(b)), 18 U.S.C., and the second is a motion to suppress as evidence the shotgun...

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